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In spite of city and county efforts to reduce the number of juveniles incarcerated in Atlanta, the rate of juvenile crimes remains above the national average. While the juvenile court system is designed to offer youth offenders as many opportunities for rehabilitation as possible, a guilty charge can still result in incarceration, loss of future educational opportunities, and other negative consequences.
If you are a teen or the parent of a teen facing charges, it is important to speak with an Atlanta juvenile defense lawyer who can help you determine your next steps. The criminal defense attorneys at our firm are experienced in the complexities of juvenile cases and could provide guidance to help you understand your rights.
If you’re between the ages of 13-17, if you’re accused of a crime, you will generally have the option to accept guilt and handle the consequences through informal adjustment. However, if you want to fight the charges, you must do so through a formal hearing.
If the crime you’re accused of committing in Atlanta is considered violent, such as rape, murder, or assault with a deadly weapon, your case may be transferred to adult court with adult consequences. Even if found as “delinquent” through the juvenile system, a teen can be incarcerated in a juvenile detention facility, sent to a residential group home, or even placed in a foster home.
Juvenile records are not automatically sealed when a person turns 18, meaning that you must petition the court to have them sealed, and it is up to the judge to decide whether that happens.
When a complaint is filed in court against a juvenile under the age of 17, they must be granted a detention hearing to determine if there is probable cause within two days. The judge will then determine whether the child can be released or must be detained until the next court date. They can either be released back to their parents, taken to a hospital, or placed under the responsibility of a juvenile intake officer who decides to detain or release them. If a child must be detained, the law requires them to be placed in the least restrictive setting possible.
It is possible in many cases for a pretrial resolution that avoids the stress and cost of a formal hearing. A juvenile can accept guilt for the crime they’re accused of and may be asked to perform community service, attend counseling, and undergo other rehabilitative measures. If the child does not accept guilt for the accusation, they can defend themselves through a formal hearing process with the help of an Atlanta juvenile defense attorney.
Being accused of a crime as a juvenile is serious business. You could face severe consequences, including placement in a detention facility. We understand the lasting impact that a criminal charge can have on a young person’s future.
An experienced Atlanta juvenile defense lawyer from Robert James Trial Attorneys could provide support throughout the legal process by discussing the details of your case with you and your parents and making sure you are aware of your rights. Contact us to schedule a consultation today.