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Complaint/Charge
A
complaint or charge begins the process through which the youth may be
adjudicated "delinquent," "unruly," or prosecuted as an adult. Youth
may be referred to the court through complaints or charges from law
enforcement, school resource officers, parents and/or other citizens.
Youth must be advised of their Miranda rights prior to questioning if
they are in custody and being interrogated.
[i]
However, many youth do not fully understand the meaning
of the Miranda rights and often believe that if he/she is cooperative
with authorities he/she will be released and not prosecuted.
[ii]
Further, the youth may respond to questions even
after acknowledging an understanding of his/her rights.
Intake/Temporary
Detention
Youth
can be brought into detention once the complaint or charge has been
issued.
[iii]
A youth may be detained if it is necessary to protect
the youth or public, or prevent the youth from running away, or if the
child is without proper supervision.
[iv]
The
court receives the complaint and either the court, clerk or probation
officer considers if there is probable cause and validity to the complaint/charge
and whether to commence a case in juvenile court.
[v]
The probation officer may decide to handle the case
informally and file an Informal Adjustment Agreement with the clerk
of the juvenile court.
[vi]
If the case is informally adjusted, the youth will
not appear before the judge and must comply with the terms of the agreement,
which is basically informal probation. If the youth fails to comply
with the agreement, he/she will be brought before the judge for adjudication.
If
a case is referred to the court and the youth is not detained, he or
she must then participate in an intake conference or in a probable cause
hearing. Prior to beginning the initial conference between a youth and
an officer of the court, the youth must be advised of his/her rights.
[vii]
Remember that the client may be confused about Miranda
rights and the role of the intake officer. Incriminating statements
made during intake are not admissible during adjudication, however they
may be used at disposition. The court or intake officers may also make
the determination whether a youth should be detained until his/her probable
cause hearing. A juvenile may
be detained if detention or care is required to protect the person or property of others
or of the youth.
[viii]
A youth may also
request that he/she be detained to protect him/herself from imminent
bodily harm.
[ix]
Youth
13 years of age or older who have committed one of Georgia's "seven
deadly sins" (murder, rape, armed robbery
with a firearm, aggravated child molestation, aggravated sodomy, aggravated
sexual battery and voluntary manslaughter) fall under the jurisdiction
of the superior court with prosecution decisions being made by
the District Attorney.
[x]
If convicted in superior court, the youth is committed
to the Department of Corrections. However, he/she must be housed in
a special youth confinement unit until reaching the age of 17.
[xi]
Probable
Cause/Detention Hearing
If a youth
is detained, an informal detention hearing, like a probable cause
hearing, must occur within 72 hours.
[xii]
If the 72 hour period falls on a Saturday, Sunday
or legal holiday, then the hearing should be held on the next day
that is not a Saturday, Sunday or legal holiday.
[xiii]
The court determines whether there is adequate
evidence, which would justify allowing the case to proceed and a petition
to be filed.
[xiv]
Youth have a right to counsel during this hearing
and should be notified of their right to remain silent prior to commencing
the hearing.
[xv]
Hearsay is admissible.
[xvi]
The court also makes a decision as to whether the
youth should stay in detention until the adjudicatory hearing.
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The
petition is the formal charging document alleging that a youth is delinquent
or unruly. A delinquent act is defined as:
·
An act which is a crime as defined by the laws of Georgia or another state
if the crime occurred there;
·
Violations of federal law and local ordinance;
[xvii]
·
Disobeying the terms of probation or the court's supervision;
·
Failing to appear as required by a citation issued for violation
of O.C.G.A. § 3-3-23 (Underage possession
of alcohol).
[xviii]
An unruly youth is a youth who:
·
Is subject to the compulsory school attendance law and habitually
truant from school;
·
Habitually disobeys his or her parents/guardians and is ungovernable;
·
Has committed a status offense, an offense applicable only to a youth;
·
Runs away from home without just cause and consent;
·
Wanders or loiters about the streets of any city, or in or about
any highway or any public place, between the hours of 12:00 Midnight and 5:00 A.M.;
·
Disobeys the terms of supervision contained in a court order which
has been directed to such youth who has been adjudicated unruly;
·
Has committed a delinquent act and is in need of supervision, but
not of treatment or rehabilitation; or
·
Patronizes any bar where alcoholic beverages are being sold, unaccompanied
by such youth's parents, guardian, or custodian, or possesses alcoholic
beverages; and
·
In any of the foregoing, is in need of supervision, treatment, or
rehabilitation.
[xix]
The
petition must be filed within 72 hours of the probable cause/detention
hearing if the youth continues to be detained
[xx]
or within 30 days if the youth is released at the
probable cause/detention hearing.
[xxi]
This period may be extended if the court makes a
finding of fact explaining the delay. The petition is often filed at
the probable cause/detention hearing. The petition may only be filed
if the court or someone authorized by the court has determined that
there is probable cause and that doing so is in the best interests of
the youth.
[xxii]
If a youth is never detained the petition must be
filed within 30 days of the filing of the complaint.
[xxiii]
Discretion
to Transfer to Superior Court
At any
stage after the petition has been filed, the state's attorney may
request a juvenile court judge to hold a hearing to determine whether
to transfer to superior court cases where the youth is at least 13
and has committed a crime punishable by death or life imprisonment
if committed by an adult or has committed a crime causing serious
bodily injury to a victim.
[xxiv]
The court may, on the state's motion, transfer
a case involving a juvenile who is at least 15 with an allegation
of a delinquent act.
[xxv]
These transfers terminate the jurisdiction of the
juvenile court over the youth with respect to adjudication for the
delinquent act.
[xxvi]
Statements made by youth at juvenile court hearings
are not admissible in superior court over objection.
[xxvii]
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During
the adjudicatory hearing the court hears evidence on the petition against
the youth and formally determines whether acts alleged were committed
by the youth and whether the youth is delinquent or unruly, depending
on the nature of the petition. The hearing for detained youth must occur
within 10 days of the petition being filed, or within 60 days if the
youth is not being detained.
[xxviii]
The state has the burden to prove the case beyond
a reasonable doubt.
[xxix]
If the youth does not admit to the charge, and the
judge determines that the state has not proven the case beyond a reasonable
doubt, the youth's case is dismissed and no further hearings are required.
The
disposition hearing may occur immediately after adjudication, and must
be held within 30 days of adjudication if the youth is detained.
[xxx]
If a youth is not detained, disposition should occur
within a reasonable amount of time following adjudication.
[xxxi]
The court must determine whether the youth is in need of treatment, rehabilitation, or supervision.
[xxxii]
The youth has the burden of proof to show by clear
and convincing evidence that he/she is not in need of treatment, rehabilitation,
or supervision if found to have committed a delinquent or unruly act.
[xxxiii]
If the court finds the youth does not need treatment,
rehabilitation, or supervision, the court may dismiss the proceedings
and release a youth from detention and further court involvement.
[xxxiv]
If the youth is not detained, a defense attorney
should take advantage of the opportunity to schedule disposition at
a later date to allow time to determine an appropriate disposition plan
with the client. Further, a good defense strategy is to urge the client
to take steps on his/her own, such as self imposed community service,
or restitution. Self-initiative and expressions of remorse may persuade
the court against creating a delinquent record for the youth at adjudication.
The court can change or modify its order if the changed circumstances
would require such in the best interests of the youth.
[xxxv]
If
a youth is adjudicated delinquent and found in need of treatment, rehabilitation,
or supervision, the court may order:
[xxxvi]
·
Any disposition authorized for a deprived youth under O.C.G.A. §
15-11-55;
·
Probation under conditions the court prescribes, even if the term
extends beyond the youth's 18th birthday;
[xxxvii]
·
Commitment to the Department of Juvenile Justice for up to two years;
·
Restitution to the victim of the offense;
·
Community service;
·
Fines;
·
Suspension or prohibition of the issuance of the youth's driver's
license;
·
Completion of high school or obtaining a GED;
·
Detention in a Youth Development Center for up to 90 days;
·
Participation of the youth's parent(s)/guardian in counseling.
[xxxviii]
If a youth is adjudicated unruly, the court may
order any or all of the above conditions. However, a youth may not be
committed to the Department of Juvenile Justice unless the court expressly
finds that the youth is not amenable to treatment or rehabilitation.
[xxxix]
If a youth is adjudicated delinquent for a designated
felony, the court may order restrictive custody for a period of not
less than 12 months and not more than 60 months in a YDC.
[xl]
The youth will remain on intensive supervision
for a year following the order for a designated felony.
[xli]
In addition, for any youth adjudicated for a felony,
the youth's school is given a copy of the court's findings
[xlii]
and the youth is subject to fingerprinting and
photographing requirements as if he/she were an adult.
[xliii]
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Disposition does not necessarily conclude the court
process; additional proceedings may occur after disposition. First,
a youth has the right to appeal in the same manner as a criminal defendant.
[xliv]
Second, when the order of custody with DJJ nears
expiration, DJJ may motion for an extension of DJJ custody.
[xlv]
Third, a motion to modify a disposition order may
be made by a party. Finally, a motion to terminate an order of disposition
prior to its expiration may be made if it appears the purposes of the
order have been accomplished.
[xlvi]
[i]
Miranda v Arizona, 384 U.S. 436 (1966).
[ii]
See generally Thomas Grisso
et. al., Juveniles Competence to Stand Trial:
A Comparison of Adolescents' and Adults' Capacities as Trial
Defendants , 27 Law & Hum. Behav.
333 (2003).
[iii]
O.C.G.A. § 15-11-24.2.
[iv]
O.C.G.A. § 15-11-46.
[v]
Uniform Rules for the Juvenile Courts of Georgia
R. 4.1, R. 4.2 (1985)[herinafter URJC].
[ix]
O.C.G.A. § 15-11-46.1(b)(3).
[x]
O.C.G.A. § 15-11-28(b)(2)(A).
[xi]
O.C.G.A. § 15-11-62.
[xii]
O.C.G.A. § 15-11-49(c)(1).
[xiii]
O.C.G.A. §15-11-49(c)(1).
[xiv]
O.C.G.A. § 15-11-49(c)(1).
[xv]
O.C.G.A. § 15-11-6(b);
O.C.G.A. § 15-11-49(c)(4).
[xvii]
O.C.G.A. §15-11-2(6)(A).
[xix]
O.C.G.A. § 15-11-2(12).
[xx]
O.C.G.A. § 15-11-49(e).
[xxi]
O.C.G.A. § 15-11-49(b).
[xxvi]
O.C.G.A. § 15-11-30.2(c).
[xxviii]
O.C.G.A. § 15-11-39(a).
This time limit may be waived if appropriate.
[xxix]
O.C.G.A. § 15-11-65(a).
[xxx]
Id. These
time limits may be waived.
[xxxi]
O.C.G.A. § 15-11-65(c).
[xxxiii]
A.C.G. v State, 131 Ga. App. 156 (1974).
[xxxv]
O.C.G.A. § 15-11-40(b).
[xxxvii]
In the Interest of A.H.S., 223 Ga. App. 824, 825-26 (1996).
[xl]
O.C.G.A. § 15-11-63(e)(1)(B).
Time spent in a RYDC prior to disposition may be counted toward the
sentence.
[xli]
O.C.G.A. § 15-11-63(e)(1)(C).
[xlii]
O.C.G.A. § 15-11-63(h).
[xlv]
O.C.G.A. § 15-11-70.
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