Juvenile Law

First thing first, juvenile law is not the same as family law.  Although some family law issues may overlap in juvenile law cases, this is greatly mistaken and often times confused, even among attorneys. In Georgia, juvenile law has its own set of laws, codes, rules, and even its own court.  Juvenile courts only handle dependency (formally deprivation) and delinquency cases.  However, there are some instances where the superior and juvenile courts have concurrent jurisdiction.

Dependency cases involve allegations of neglect or harm caused to a child.  A dependency action may be filed by a relative, friend, concerned person or the Department of Family and Children Service (DFCS). In exigent situations where a child’s safety is at issue, a court may authorize the child to be remove from their home until the court holds a hearing to determine whether it is safe for the child to remain in the home.

Delinquency cases are tantamount to criminal matters in state courts. However, the rules are slightly different.  For example, a child charged with a criminal action in juvenile court is not entitled to a jury.  The sitting judge makes the decision.  The similarities, however, is that your child is entitled to legal representation at all stages of the legal process, including criminal investigations, questionings, and trial.

Food For Thought: Know your rights. Unbeknownst to many, parents and children often time forego their legal rights before they ever get to court.  For example, no one, not even the police, can force, demand or threaten you to place your child with a friend or family member without first obtaining permission from a juvenile court judge. Similarly, your child is not obligated to talk to anyone about a criminal matter, unless subpoenaed to testify in court, even if he is a suspect. Both the parent and child have legal rights and both are entitled to legal representation.

To be certain of your legal rights, you need a knowledgeable and experienced juvenile law attorney. You need Attorney Hughes.  Contact THG to understand your legal rights in juvenile court.