100% Secure and Confidential
100% Secure and Confidential
Juvenile offenders in Georgia have important legal rights, including the right to an attorney. Many teens and their parents are unaware of these rights, so they enter court hearings unprepared. Contact Moffitt Law, LLC for assistance. A Carrollton criminal defense lawyer can meet to discuss what to expect as your case winds its way through the juvenile justice system. If hired, our firm can begin defending a minor facing criminal charges and ensure their rights are protected.
Juvenile Arrest Rights in Georgia
The proper term for a juvenile arrest is being “taken into custody.” Like adults, juvenile suspects have important rights once in custody:
- Police must give Miranda warnings. These warnings inform a juvenile that they have the right to remain silent, that any statement they make can be used against them, that they have the right to a lawyer, and that one will be provided if they cannot afford one. The police should give these warnings before beginning a custodial interrogation.
- A juvenile has the right to remain silent. This is critical. A juvenile does not have to answer the police officer’s questions, even if the officer is only trying to “help.”
- Parents or guardians should be present at any interrogation. Georgia courts recognize that parents or guardians should ideally be present when the police interrogate a minor.
- Police should stop questioning a minor who says they want to remain silent.
What are the consequences for juvenile offenders if the police violate one of these rights? For example, the police might fail to give Miranda warnings, or they pressure a suspect to talk even after they say they want to remain silent.
When the police violate these rights, a judge will likely suppress any incriminating statements the juvenile made. The state cannot introduce them in the delinquency hearing.
What Other Rights Do Juvenile Offenders Have?
A minor facing criminal charges has other important rights throughout the entire process:
- A juvenile is entitled to a notice of the charges. Essentially, the state needs to inform them of what they are accused of committing. That gives a minor a chance to defend themselves.
- Juvenile offenders have the right to an attorney’s help. Both the U.S. Constitution and Georgia Code § 15-11-103 provide for that right.
- Minors are entitled to confront witnesses against them. The state cannot rely on out-of-court statements made by other people. Instead, witnesses should appear in court to testify against the minor in a delinquency hearing so that they are subject to cross-examination.
- Minors are presumed innocent. The state needs to present sufficient evidence so a judge can find the minor delinquent. A minor is not required to put on any case if the state cannot meet its burden.
- Minors don’t have a right to a jury trial. However, the judge hearing the case should be unbiased, which is an essential element of a fair hearing.
What Happens if You Are Found Delinquent?
Minors are not found “guilty” after trial. Instead, the correct term is “delinquent.” After a judge finds a minor delinquent, the judge must impose consequences with a focus on rehabilitating the minor. Judges have options:
- Educational support
- Mental health counseling
- Substance abuse treatment
- Probation
- Home detention and monitoring
- Community service
However, some juveniles can be sent to juvenile detention when they represent a safety risk. This outcome is more likely when the juvenile has committed a serious offense or has a long history of delinquencies. They can be kept in juvenile detention until 21 years of age.
Of course, minors who commit certain violent felonies may be tried as adults. They will face adult punishments.
Speak with a Carrollton Criminal Defense Lawyer
At Moffitt Law, LLC, we often receive panicked calls from parents late at night after their child was picked up. These parents don’t know what to do. They fear that the state will keep the child in detention.
Calling an experienced law firm is the right step. As mentioned above, even minors have the right to legal assistance from a lawyer. Moffitt Law is happy to spring into action to help. By calling our firm, we can meet to go over the charges and how to defend your child. We can also attend hearings to represent your child immediately.
Contact our office at 762-200-2924 if you have any questions about the juvenile justice system. We can represent your child in a hearing and advocate for the least restrictive disposition, such as home detention or counseling. Our firm has deep experience in the 30117 zip code and nearby communities.
