Fulton Juvenile DUI Lawyers

The exclusive, original jurisdiction of Juvenile Courts extends to delinquent children under the age of 17. The Juvenile Court has concurrent jurisdiction with the Superior Court over certain capital felonies. Juveniles who commit certain serious felonies can have their cases transferred to Superior Court. The Juvenile Court has jurisdiction over minors committing traffic violations and serious traffic violations like DUI arrest, aggressive driving as well as shoplifting and Drug offenses like Marijuana Possession.

The Goal of any Juvenile Court representation is generally an informal adjustment which is effectively a dismissal of charges prior to being adjudicated delinquent or found guilty.

The process works like this. In all proceedings over which the juvenile court has jurisdiction, such proceedings shall be initiated in the juvenile court upon the receipt of a written juvenile complaint form, petition, transfer from another court, a uniform traffic citation, or a Georgia Natural Resources/Game and Fish Division Notice of Summons which shall be submitted to the court and shall be referred to an intake officer of the court.

The intake officer makes a preliminary determination as to whether a petition shall be filed. If the allegations appear to be legally sufficient for the filing of a petition, and it further appears that judicial action is in the best interest of the public and the child within guidelines established by the court, the intake officer may endorse a petition. The intake officer may elect to informally adjust, divert, or recommend dismissing the case, within guidelines established by the court. All complaints or petitions shall be filed and docketed with the clerk of the juvenile court.

Before a petition is filed, the intake officer shall screen the complaint. This may result in a decision to recommend dismissal to the judge or associate judge, to make a referral to another agency for services, if appropriate, to informally adjust the case, to file a petition, or to take other appropriate action. Factors involved in the process of screening the complaint shall include:

1. Whether the complaint is one over which the court has jurisdiction;
2. Whether the complaint is frivolous;
3. Whether the child should be detained pending a hearing and, if so, where he or she should be detained;
4. Whether the child’s case can be informally adjusted;
5. Whether the child should be diverted to an agency that meets his or her needs;
6. If a petition should be filed with the court.

In cases where a child is alleged to have committed a delinquent act which is not of a serious nature, or has been alleged to have committed an unruly act, but appears to be amenable to informal handling, the intake officer may withhold the filing of a petition with a view toward first seeking an informal adjustment of the matter, where it is in the best interest of the child and the community. If, after the filing of a petition, it appears that informal adjustment best suits the needs of the child and the public, the judge may direct the withdrawal of the petition so the matter may proceed to informal adjustment.

In order for an informal adjustment to occur:

1. The admitted facts must bring the child within the jurisdiction of the court.
2. It must be determined that counsel and advice without an adjudication would be in the best interest of the public and the child.
3. The child and the child’s parents, guardian, or other custodians must consent to the informal adjustment with the knowledge that consent is not obligatory.
4. If the child is alleged to have committed a designated felony act as defined in OCGA § 15-11-63, the case shall not be subject to informal adjustment, counsel, or advice without the prior written notification of the district attorney or his or her authorized representative.