CHILDREN IN THE CRIMINAL JUSTICE SYSTEM

Everyone has done something in their childhood they aren’t proud of, yet some suffer the life-long consequences of decisions made as a teenager or young child. Jody Sellers respects the law, yet understands the responsibility he has to his clients to ensure they receive the best possible outcome, whether it’s a reduced sentence, exoneration, or reduced fines and penalties.

Although most individuals think of adults when considering criminal charges, children can also be charged with criminal violations.  These criminal violations, which are dealt with in the juvenile court system, are called delinquent acts.

DELINQUENT CHILD

O.C.G.A. § 5-11-2 defines a “delinquent child” as “a child who has committed a delinquent act and is in need of treatment or rehabilitation.”  O.C.G.A. § 5-11-2(20).  But what is a delinquent act exactly?

DELINQUENT ACT DEFINES

Under state law, O.C.G.A. § 5-11-2 defines a “delinquent act” in three (3) different ways:

“(A) An act committed by a child designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the act is not an offense applicable only to a child or a juvenile traffic offense;

(B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudicated to have committed a delinquent act; or

(C) Failing to appear as required by a citation issued for an act that would be a crime if committed by an adult.”  O.C.G.A. § 5-11-2(19)(A)-(C).

You can access a free copy of the Official Code of Georgia Annotated (O.C.G.A.) HERE.

DELINQENCY: OVERVIEW OF THE JUVENILE COURT PROCESS

In general, after a complaint has been made against a child involving a delinquent act, the district attorney’s office will investigate the claim and file a petition. After filing the petition, an arraignment hearing is scheduled where the child formally pleads not guilty or guilty.  If a not guilty plea is entered, an adjudicatory hearing is scheduled and set (which is equivalent to a trial for adults).

If the child denies the charge(s) at arraignment, the Court schedules an Adjudicatory hearing (the equivalent to an adult trial). After the hearing conlcudes, the court will do one of the following:

    1.  Enter an order adjuciating the child as a delinquent (which is the equivalent of an adult conviction), or

    2.  Dismiss the petition (which is the equivalent of an adult acquittal).

After a finding of delinquency (or if a child pleads guilty), a dispositional hearing is held at which time the court will sentence the child.

Final dispositions in juvenile court are varied, and can take one of several forms below:

• Probation;
• Youth detention center;
• Restitution to a victim;
• Community Service;
• Fines/fees;
• Suspension of driving privileges; and
• Any other outcome deemed appropriate by the court

CONTACT US

A delinquency action, although not handled in superior court, can have a lasting impact on your child and should not be taken lightly.

If you find yourself having to deal with a delinquency action, do not face this action alone.  Let us help guide you.  Give us a call at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

You may also submit a case evaluation request online HERE.