When a Minor Is Charged in Georgia: What Parents Should Do Immediately

Finding out that your child has been charged with a crime is an intimidating position to be in. Not knowing where to turn or what to do can be disorienting — your world is spinning out of control with no apparent means to slow it down. 

When the potential damage to the life of your child is considerable, there is no time to waste. Do not sit by and expect the process to play out favorably for your family. 

Contacting an experienced Gwinnett County juvenile defense attorney as soon as possible decreases the likelihood that those charges against your child will irreparably harm their future. Consider the following information as you begin learning about juvenile crimes in Gwinnett County.

What Is a “Juvenile” in Gwinnett County?

A juvenile in Gwinnett County is any person who has not reached the age of 18 years. Bear in mind, however, that children across Georgia may be tried as adults as young as age 17. This can be a surprising aspect of Georgia criminal law for many parents to learn. 

A juvenile in Georgia must be at least 13 years old to be prosecuted for a criminal offense. If younger than 13, a juvenile may face consequences for committing a crime, but will not have their case prosecuted by the Gwinnett County District Attorney’s Office. 

What Happens When a Juvenile Is Taken Into Custody?

When a juvenile is arrested, they are taken into law enforcement custody. The arresting officer must follow one of the following three courses of action from that point:

• Release the child to their parents
• Transport the child to a hospital if immediate medical care is necessary
• Contact a juvenile police officer to facilitate the intake process for jail 

Under Georgia law, the intake officer must perform an analysis to determine whether the child’s actions are severe enough to warrant being taken into police custody. In the alternative, the child may be released to their parents pending any further legal actions. 

When placed in police custody, a detention hearing must be held within five days if arrested based on an arrest warrant. If arrested without an arrest warrant, a hearing must be held within two days. 

Where Are Juvenile Cases Handled in Gwinnett County?

Juvenile cases are handled in the State Court of Gwinnett County. This court is located at the Gwinnett Justice and Administration Center, 75 Langley Drive, Lawrenceville, GA. 

Contact Winters Law Today for a Free-of-Charge Consultation

When your child has been charged with a crime, do not wait to contact Winters Law. A free-of-charge consultation provides you with information based on your specific circumstances. We stand shoulder to shoulder with our clients to meet the challenges of a criminal charge.