Can a Juvenile Be Tried as an Adult in Georgia? When Prosecutors Push for Transfer

In Georgia, certain juvenile cases may be eligible for transfer depending on the alleged offense and the child’s age. An adult prosecution can bring different procedures and potentially more serious consequences. Understanding when a transfer may happen and what it could mean is an important first step for families dealing with these cases. Here is what families should understand about juvenile transfers. 

What’s the Difference Between Adult Court and Juvenile Court in Georgia?

Juvenile Court handles cases involving children and teens who are accused of breaking the law, as well as certain cases involving a child’s safety, family, or need for services. In Georgia, juvenile court is designed not only to hold young people accountable, but also to provide treatment, rehabilitation, and supervision when appropriate. The goal is to help children address the behavior that brought them to court while also protecting the child, the family, and the community. Adult criminal cases are generally handled in Superior or State Court, depending on the type of offense. The process, possible consequences, and rules can be different from those in Juvenile Court. In some cases, Georgia law allows or requires a juvenile case to be handled in Superior Court instead of Juvenile Court.

How Do Juvenile Transfers Work in Georgia?

Georgia law allows certain juvenile cases to be transferred from juvenile court to adult court. The transfer rules depend on the juvenile’s age, the offense, and the circumstances of the case. A juvenile court may transfer a case when the juvenile meets the applicable age and offense requirements, and the court finds reasonable grounds to believe the juvenile committed the alleged offense. The court must also consider whether the juvenile can be committed to a mental institution and whether transfer serves the best interests of the juvenile and the community.

Some transfers are mandatory when specific statutory requirements are met. For example, certain murder or voluntary manslaughter cases involving juveniles age 14 or older may require transfer under the circumstances listed by Georgia law. Certain aggravated assault, aggravated battery, and repeat burglary cases also have specific transfer provisions.

Georgia law also gives superior courts exclusive jurisdiction over certain serious offenses committed by juveniles age 13 or older, including murder, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, and armed robbery with a firearm.

Frequently Asked Questions

Why should parents be concerned about juvenile transfers?

Trying juveniles as adults should concern parents because the adult criminal justice system operates differently from the juvenile system. A juvenile who is transferred might receive a harsher sentence and a longer period of confinement. A juvenile transferred to adult court may face penalties that would not apply in juvenile court. Adult court can also result in a criminal conviction and other consequences that can affect the person’s education, employment, housing, and other aspects of life after release.

Another consideration is rehabilitation. Juvenile courts generally focus on addressing a young person’s behavior and providing services designed to support rehabilitation. These services may include counseling, education, treatment, family support, and community-based programs. Moving a case to adult court can reduce access to programs designed specifically for youth who have had contact with law enforcement.

Does a transfer mean my child will automatically be found guilty?

No. The transfer process determines where and how the case will be handled, not whether your child committed the alleged offense. A transfer to adult court does not mean your child has been found guilty or that a guilty finding is automatic. A transfer only determines which court will handle the case going forward. Even after a case is transferred, the prosecution still has to prove the charges. Your child still has the right to defend against the charges and have the case decided through the legal process.

If my child did something serious, will it automatically be transferred?

No. A serious charge does not automatically mean the case will be handled in adult court. Whether transfer is possible depends on the facts and applicable Georgia law. Some serious offenses may make a transfer possible, but that does not necessarily mean the case will automatically end up in adult court. Specific legal procedures must be followed, and the court may need to make certain findings before it can transfer a case.

What should we expect at the first hearing?

The first thing that usually happens in a criminal case is the first hearing. The first hearing is not a trial. It is generally fairly short. While there may not be much happening in terms of the case itself at this point, this hearing matters because it lays out the basic procedures and helps everyone understand what to expect moving forward.

A first hearing is the first time everyone involved in a legal case goes to court. It’s basically the starting point of the court process. The main goal is to review the basics of the case, confirm everyone’s identity, and explain what happens next.

During the first hearing, the judge may review the charges or allegations, make sure everyone has a lawyer if they need one, and explain the next steps. The judge may also set dates or deadlines for future hearings, information and document exchanges, or evaluations. Usually, no testimony or evidence is presented at this point, and the judge generally won’t make a final decision about guilt or innocence.

Contact an Experienced Georgia Juvenile Defense Attorney 

If your child may be facing a transfer to adult court, take the situation seriously. An experienced Georgia juvenile defense attorney can review the charges and explain what the transfer process could mean. Getting legal guidance early can help your family understand the situation and make informed decisions during this difficult time.