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

When a minor commits a crime, things are a bit different than with an adult. Juvenile law and juvenile courts in Georgia have their own rules, and if your child has gotten caught up in the system, it’s smart to turn to an attorney with specific experience in juvenile legal issues.

Key Steps in Juvenile Court

Taken into Custody

Officers can take your child into custody if they have reasonable grounds to believe the minor committed a delinquent act. It’s not always called an “arrest,” though, especially if it’s likely to only involve juvenile court. Once in custody, the minor goes to a detention center or gets released to you as a parent or guardian. Police must notify you right away if they detain your child, and if the child is detained without a warrant, a probable cause hearing must take place within 48 hours to check if there’s enough reason to hold them.

The Intake Process

During intake, a court officer reviews the case and will decide if it should move forward formally or get handled another way. There are several options available, including releasing the minor with no further action if the issue seems small enough. The court officer might suggest informal adjustment, like a program where the minor admits their fault and follows certain rules for a few months. If the officer sees a need for more structure, they might file a petition to start formal proceedings.

Detention Hearing

If the minor stays detained after intake, a detention hearing has to follow within 72 hours for most cases, but up to five days if the minor was arrested with an actual warrant. The judge reviews if the detention is necessary, and, in practice, most minors get released with conditions, like a curfew or no contact with certain people.

Formal Proceedings and Petition

With a petition filed, the case goes formal. The petition outlines the alleged acts, and if they’re detaining your child, they have to file this within 72 hours. If your child is released, then they have 30 days to file it. Then comes arraignment, where the minor enters a plea to admit or deny the charge.

Adjudication Hearing

This is the trial phase, where the judge decides if the minor committed the act. Prosecutors present evidence, and the defense challenges it. You can call witnesses or submit documents, and your lawyer will help you prepare the right defense for the circumstances. Just as in adult court, the prosecution must prove the minor did the act “beyond reasonable doubt.” But unlike adult court, these hearings are closed.

Disposition and Outcomes

If your child is found to have done the act, the judge hears recommendations from probation officers, you, and others for consequence options that can range from probation with conditions like community service or therapy to placement in a youth development center. Minors can be committed to the Department of Juvenile Justice for up to five years for very serious cases, but detention is not often this long, and the focus is rehabilitation. Appeals are possible, and your lawyer can tell you more.

Get Help With Your Juvenile Law Concern

If your family needs help, talk to us today at Davis, Chapman, & Wilder, LLC in Augusta, GA or call us now at 706-200-1578.

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