Cobb County Should Disband the VIPER Unit
As a parent, finding out that your child has been charged with a crime can feel like a nightmare come true. Fortunately, Georgia law does recognize that younger people make mistakes, and in most cases, your child will go through the juvenile court system, as opposed to being tried as an adult. Still, regardless of the crime your child is accused of, hiring a knowledgeable and skilled Atlanta juvenile crime lawyer is paramount. Williamson Legal is dedicated to representing juveniles and their parents, and we stand ready to fight for you and your child’s future. Contact a Cobb County criminal defense lawyer for a free case evaluation today.
In Georgia, a “juvenile” typically refers to any individual under the age of 17 who has been accused of committing a criminal offense. For most criminal matters, this means that if your child is 16 years old or younger at the time of the alleged offense, their case will generally be handled in juvenile court. However, there are exceptions, especially when it comes to very serious charges or if the individual is close to the age threshold.
It is also important to note that Georgia law makes a distinction between different types of cases involving minors. For example, a child under 18 might still be considered a juvenile for dependency cases or for being “unruly” (such as running away or skipping school), even if they are too old to be treated as a juvenile for certain criminal charges. Understanding which court has jurisdiction over your child’s case is one of the first things an experienced juvenile defense attorney will determine.
Juvenile courts in Georgia handle a wide range of criminal offenses, from minor misdemeanors to serious felonies. Some of the most common charges we see in juvenile cases include:
Drug Offenses: Possession of marijuana, prescription drugs, or other controlled substances is one of the most common juvenile charges. Even small amounts can result in formal charges in juvenile court. Georgia law treats drug possession seriously regardless of the offender’s age, but juvenile court offers more options for treatment-based dispositions rather than incarceration.
Theft and Shoplifting: Retail theft and shoplifting are frequent juvenile offenses. Under O.C.G.A. § 16-8-14, shoplifting can be charged as a misdemeanor or felony depending on the value of the merchandise. For juveniles, a first offense often opens the door to diversion programs that can keep the charge off their record entirely.
Assault and Battery: School fights and altercations can lead to assault or battery charges in juvenile court. Simple battery (O.C.G.A. § 16-5-23) involves intentionally making physical contact of an insulting or provoking nature, while aggravated assault (O.C.G.A. § 16-5-21) involves assault with a deadly weapon or with intent to commit a felony.
Vandalism and Criminal Damage to Property: Under O.C.G.A. § 16-7-23, criminal damage to property in the second degree — which includes damage to another person’s property without consent — is a common juvenile charge. Damage exceeding $500 elevates the charge to a felony. See the full penalties for vandalism and criminal damage to property.
Weapons Offenses: Bringing a weapon to school or possessing a firearm as a minor can result in serious juvenile charges. Georgia law imposes significant penalties for weapons possession by minors, and school-related weapons offenses often carry mandatory consequences including expulsion.
DUI and Traffic Offenses: Georgia has a zero-tolerance policy for underage drinking and driving. Under O.C.G.A. § 40-6-391(k), a driver under 21 can be charged with DUI with a blood alcohol level of just 0.02%, far below the 0.08% threshold for adults.
The juvenile court process in Georgia is very different from the adult criminal justice system, both in its structure and its overall philosophy. While adult courts focus on punishment, the juvenile system is designed to prioritize rehabilitation and give young people the chance to get back on the right track.
Once a juvenile is taken into custody, their case typically begins with a detention hearing to determine whether they should be held or released while their case is pending. If your child is detained, this hearing must occur quickly, usually within 72 hours. Having an attorney present at this hearing is critical to securing your child’s release.
From there, the case may be handled informally through diversion or an informal adjustment, or it may proceed formally through a petition filed by the State. If a petition is filed, the process moves to an adjudicatory hearing, which is essentially the juvenile version of a trial. Unlike adult court, there is no jury in juvenile proceedings — only a judge hears the case and makes the decision.
If the judge finds that your child committed the alleged act, the court moves into the disposition phase, where consequences are determined. These can range from probation or counseling to placement in a juvenile detention facility. In some cases, your child may be eligible for diversion programs or other alternatives aimed at avoiding a permanent criminal record.
While juvenile court focuses on rehabilitation rather than punishment, the consequences of a juvenile adjudication can still be significant and long-lasting. Possible dispositions include:
Probation: The most common disposition in juvenile court. Your child may be placed on probation with conditions such as curfews, community service, drug testing, counseling, or maintaining satisfactory school attendance. Violating probation conditions can result in more restrictive consequences.
Diversion Programs: For first-time offenders or less serious charges, the court may offer diversion — a structured program that, if completed successfully, results in the case being dismissed without a formal adjudication. This is often the best possible outcome because it avoids a juvenile record entirely.
Restitution: If the offense involved financial harm to a victim, the court may order your child (or you as the parent) to pay restitution to compensate for the loss or damage.
Commitment to the Department of Juvenile Justice (DJJ): For the most serious offenses or repeat offenders, the court can commit a juvenile to the custody of the Department of Juvenile Justice. This can mean placement in a Youth Development Campus (YDC) or other secure facility. Commitment is the juvenile equivalent of a prison sentence and should be avoided whenever possible.
Community Service and Counseling: Judges frequently order community service hours, substance abuse treatment, anger management classes, or mental health counseling as part of a disposition.
Yes, and this is one of the most important reasons to hire an experienced attorney immediately if your child is facing serious charges. Under Georgia law, certain offenses committed by minors can be transferred to adult Superior Court, where the full range of adult sentences — including prison — applies.
Under O.C.G.A. § 15-11-560, the juvenile court has exclusive jurisdiction over most offenses committed by children under 17. However, for the “Seven Deadly Sins” — murder, voluntary manslaughter, rape, armed robbery with a firearm, aggravated child molestation, aggravated sodomy, and aggravated sexual battery — a child aged 13 or older is automatically tried in Superior Court as an adult.
Additionally, the State can seek to transfer other serious felony cases from juvenile court to adult court through a transfer hearing. At this hearing, the judge considers factors such as the seriousness of the offense, the child’s age and maturity, prior record, and whether the juvenile system has appropriate services. Having a strong advocate at the transfer hearing can make the difference between your child being treated as a juvenile with access to rehabilitation or facing adult prosecution and imprisonment.
Juvenile cases require a different approach than adult criminal defense. The rules of procedure are different, the courtroom culture is different, and the goals are different. An attorney who understands the juvenile system can often achieve outcomes that would be impossible in adult court — diversion instead of adjudication, counseling instead of detention, and a sealed record instead of a permanent one.
Attorney David Williamson brings former prosecutor experience to juvenile defense, which means he understands how the State builds cases against young people and where the opportunities are to intervene early. Whether your child is facing a minor charge that might be resolved through diversion or a serious felony with the risk of transfer to adult court, Williamson Legal will fight to protect their future.
Early intervention is especially important in juvenile cases. The sooner an attorney is involved, the more likely it is that informal resolution or diversion can be secured before formal charges are ever filed.
Juvenile cases can involve any criminal offense. David Williamson handles the full spectrum of charges that minors face in Georgia:
David Williamson represents juveniles in courtrooms throughout metro Atlanta, including:
Explore these resources from Attorney David Williamson:
Georgia juvenile court records are not the same as adult criminal records. Under O.C.G.A. § 15-11-702, juvenile records are generally confidential and not available to the public. Once a child turns 17 (or 21 in some cases), they may petition to have their juvenile records sealed or expunged under O.C.G.A. § 15-11-701. However, if the juvenile was tried as an adult under the SB 440 provisions or committed one of the “seven deadly sins” offenses, the record may follow them into adulthood. An attorney can help you understand whether your child’s record can be restricted and guide you through the process.
Under Georgia law, a child as young as 13 can be tried as an adult for certain serious felonies known as the “seven deadly sins” — murder, voluntary manslaughter, rape, armed robbery with a firearm, aggravated child molestation, aggravated sodomy, and aggravated sexual battery (O.C.G.A. § 15-11-560). For these offenses, Superior Court has exclusive jurisdiction. For other serious offenses, the district attorney may seek to transfer a juvenile age 15 or older to adult court under O.C.G.A. § 15-11-562. Effective January 1, 2024, Georgia raised the age of juvenile jurisdiction to 17 for most offenses under SB 440.
Juvenile court proceedings in Georgia differ significantly from adult court. Instead of a “trial,” the court holds an adjudicatory hearing where a judge—not a jury—determines whether the allegations are proven beyond a reasonable doubt (O.C.G.A. § 15-11-181). If the court finds the child committed the alleged offense, a dispositional hearing follows where the judge determines the appropriate consequences. These can range from probation and community service to commitment to a Department of Juvenile Justice (DJJ) facility. Parents are required to attend all hearings, and the child has the right to an attorney throughout the process.
Yes, many juvenile cases in Georgia can be resolved without detention. The juvenile court system emphasizes rehabilitation over punishment. Options may include informal adjustment (O.C.G.A. § 15-11-531), where the case is resolved without a formal hearing through conditions like counseling, community service, or restitution. The court may also order probation, electronic monitoring, or placement in a community-based treatment program. For first-time, nonviolent offenses, diversion programs are frequently available. An experienced attorney can advocate for alternatives to detention that keep your child at home while addressing the underlying issues.
While juvenile records are generally confidential, a juvenile adjudication can still impact your child’s future. College applications, particularly for competitive schools, may ask about juvenile adjudications. Certain offenses can affect eligibility for financial aid, military service, or professional licensing. If the child was tried as an adult, the conviction becomes part of the public record with all the consequences of an adult criminal conviction. Proactive defense—including seeking dismissal, diversion, or a favorable disposition—is critical to minimizing the long-term impact on your child’s education and career prospects.
If your child has been charged with a crime in Georgia, do not wait to seek legal representation. The decisions made in the early stages of a juvenile case can have lasting consequences for your child’s education, employment opportunities, and future. Contact Williamson Legal today for a free, confidential consultation. Call (770) 884-1485 or fill out our online contact form. We represent juvenile clients and their families in Cobb County, Fulton County, Gwinnett County, Forsyth County, Cherokee County, DeKalb County, and throughout the Atlanta metro area.
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