What Happens When a Minor Commits a Crime? Key Steps in Juvenile Court

In the Augusta-Richmond County metropolitan area, teens are "adjudicated delinquent" rather than convicted of crimes. Although they're not convicted of a crime, being adjudicated delinquent can still cause issues down the road for a young person's educational prospects, ability to rent housing, job prospects, and more. Having a juvenile record sealed can protect a teen, but it's not an automatic process. more Are Juvenile Records Sealed? Juvenile records are eligible to be sealed, and it's more likely that a juvenile can have their records sealed than an adult. But there are rules and procedures that have to be followed to get it done. The Rules of Sealing Records A juvenile's record can be sealed automatically only if the court dismisses the petition against them or if the case is handled within an adjustment rather than by finding the juvenile adjudicated delinquent. If the young person is adjudicated delinquent, then they will have to file an application to have the record sealed, and certain conditions have to be met. To be eligible, the young person must be two years past their final discharge of supervision. Since the discharge, they must not have been: Convicted of a felony Adjudicated delinquent again Been convicted of a misdemeanor involving "moral turpitude." Moral turpitude is a somewhat subjective concept, but it basically means an act that is contrary to community standards of honesty and good morals. In addition to the above, there cannot be a pending action against the young person seeking to have their records sealed. The court must also determine to its satisfaction that the young person has been rehabilitated, and ultimately this is up to the discretion of the judge. How to Request Records Be Sealed 1. Talk With a Lawyer and Prepare a Petition It's always best to have a lawyer's help in preparing a petition. A lawyer will understand all the laws and know what the courts are looking for to determine if a young person can be considered rehabilitated. In addition, a lawyer will make sure that all paperwork is properly filed and accurate and represent the family in court. 2. Attend a Hearing Once the court receives the petition, it will set a hearing date and give notice to the prosecuting attorney, any law enforcement agencies that were involved with the young person's records, the authority that granted them discharge, and the Georgia Department of Juvenile Justice. Any or all of these entities may be present for the hearing. At the hearing, the judge is likely to ask questions of the young person and the family, listen to any objections by the prosecutor, and review all the evidence about the young person's conduct since discharge. Contact an Augusta-Richmond County Metropolitan Area Juvenile Law Attorney Right Away The best way to present a strong case for why your teen's record should be sealed is with the help of an experienced attorney. Talk with us today at Davis, Chapman, & Wilder for help anywhere in the Augusta-Richmond County metropolitan area.

In Georgia, the criminal justice system treats most minors under the age of 17 as juveniles. However, in specific cases involving serious offenses, the law allows minors to be prosecuted as adults. At Davis, Chapman, & Wilder, we help families understand how Georgia law applies when a juvenile is accused of a felony or a violent crime. The decision to move a minor's case into adult court carries long-term consequences and is governed by clear legal procedures that an experienced juvenile lawyer in Augusta, GA, can help clients navigate. Georgia law allows minors to be tried as adults under several circumstances. The legal basis depends on the age of the minor and the nature of the charge. Under the Official Code of Georgia Annotated, certain offenses automatically fall under the jurisdiction of the Superior Court if the child is at least 13 years old and the charge involves a more serious crime such as murder, rape, armed robbery with a firearm, and other violent felonies. more In addition to automatic jurisdiction, the juvenile court may transfer a case to the adult court through a process called judicial waiver. In these cases, the judge reviews whether the juvenile is mature enough to face adult proceedings and whether the severity of the offense justifies the transfer. Criteria for Transferring a Case When prosecutors or the court seek to move a juvenile case to adult court, the judge considers several factors. These include the minor's age, prior delinquency history, the nature of the offense, whether the juvenile system can provide appropriate rehabilitation, and the likelihood that public safety is at risk. Georgia law requires the court to hold a transfer hearing and consider evidence from both sides before making a decision. You have the right to present arguments and evidence against the transfer. This may include psychological evaluations, school records, or testimony showing that the child has the capacity for rehabilitation. If the judge finds that adult prosecution is not appropriate, the case remains in juvenile court, where the penalties and process differ significantly. Consequences of Adult Prosecution If a minor is tried and convicted as an adult in Georgia, they may face the same sentencing options as adults, including long prison terms and permanent criminal records. A conviction in adult court also means the individual may serve time in adult correctional facilities, which are not equipped to handle juvenile inmates in the same way as the Department of Juvenile Justice. Adult convictions carry collateral consequences such as loss of voting rights, exclusion from certain educational opportunities, and difficulty obtaining employment. For these reasons, defending against the transfer of a case to adult court is often a key part of the legal strategy. Schedule a consultation with us today at Davis, Chapman, & Wilder in Augusta, GA, to evaluate your rights as you seek to protect your child from an unfair conviction.