Juvenile Crime Lawyer
in Lawrenceville, GA

When a child is charged with a crime in Georgia, the stakes are high and the decisions made early in the process can shape their future.

A juvenile record, detention, or adult prosecution can affect a young person’s ability to attend college, qualify for financial aid, find employment, and build the life ahead of them.

Philip Kim Law represents juveniles and their families across Lawrenceville and Gwinnett County, working to protect a child’s record, minimize the consequences of mistakes, and find outcomes that prioritize rehabilitation over punishment.

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How the Georgia Juvenile Justice System Works

The Georgia juvenile justice system operates differently from the adult criminal system. Under O.C.G.A. § 15-11, juveniles are generally defined as individuals under the age of 17. The Gwinnett County Juvenile Court has jurisdiction over delinquency cases, status offense cases, and dependency matters involving minors.

The court’s primary purpose is rehabilitation, wherein the goal is helping young people make better choices and become productive members of society, rather than punishment. However, that rehabilitative focus does not mean a juvenile charge is without serious consequences.

Cases in juvenile court generally fall into three categories:

1

Delinquency Cases: Acts that would be criminal offenses if committed by an adult, such as theft, drug possession, assault, or vandalism.
2

Status Offenses: Conduct that is only an offense because of the offender’s age, such as truancy, running away, or curfew violations.
3

Dependency Cases: Situations involving abuse or neglect, where the court determines whether a child should remain in the home.

When Can a Juvenile Be Tried as an Adult in Georgia?

Georgia law provides for adult prosecution of juveniles under specific circumstances. This is one of the most consequential issues in juvenile defense, because an adult conviction carries permanent consequences that juvenile adjudications generally do not.

The superior court has the authority to try any child aged 13 to 17 who is accused of committing any of the following crimes:

  • Murder
  • Murder in the second degree
  • Voluntary manslaughter
  • Rape
  • Aggravated sodomy
  • Aggravated child molestation
  • Aggravated sexual battery
  • Armed robbery if committed with a firearm
  • Aggravated assault if committed with a firearm upon a public safety officer
  • Aggravated battery upon a public safety officer

For these offenses, the case is transferred to Superior Court automatically or through a transfer hearing.

For other serious felonies, a transfer to Superior Court may be sought through a judicial transfer hearing, where the court weighs the nature of the offense, the juvenile’s age and record, and whether the juvenile justice system can adequately address the situation. Preventing a transfer to adult court is one of the most important objectives in serious juvenile cases.

Potential Consequences of a Juvenile Adjudication in Georgia

A juvenile adjudication, the equivalent of a conviction in the juvenile system, can result in a range of consequences depending on the severity of the offense and the juvenile’s history.

Possible outcomes include:

  • Informal adjustment or diversion – For minor first offenses, the case may be resolved without a formal court proceeding through counseling, community service, or other agreed-upon conditions.
  • Probation – Court-supervised probation with conditions the juvenile must meet.
  • Community service and restitution – Required service hours or payment to victims.
  • Placement outside the home – In more serious cases, placement in a group home, therapeutic facility, or residential program.
  • Commitment to the Department of Juvenile Justice (DJJ) – In the most serious cases, commitment to a state juvenile facility.

Beyond the formal adjudication, a juvenile record can affect school enrollment, college applications, financial aid eligibility, military service, employment, and professional licensing. Protecting your child’s record and their future is the central goal of juvenile defense.

How Juvenile Cases Move Through Gwinnett County Court

1

Step 1 – Intake and Detention Decision: Following an arrest or referral, a probation officer or intake officer determines whether the juvenile should be detained or released to parents while the case proceeds.
2

Step 2 – Petition Filed: A district attorney or probation officer files a civil petition alleging delinquency and asking the court to determine whether the juvenile is delinquent.
3

Step 3 – Arraignment and Plea: The juvenile appears before the judge, is advised of the charges, and enters a plea. Defense counsel plays a critical role at this stage in shaping the direction of the case.
4

Step 4 – Adjudicatory Hearing: The equivalent of a trial. The prosecution must prove the charge beyond a reasonable doubt — the same standard as in adult criminal court under O.C.G.A. § 15-11-440.
5

Step 5 – Disposition Hearing: If the juvenile is adjudicated delinquent, a separate hearing determines the appropriate outcome, similar to a sentencing hearing in adult court.
6

Step 6 – Appeal or Expungement: Depending on the outcome, an appeal may be available, or the record may eventually be eligible for restriction or expungement.
Facing Juvenile Crime Charges? Contact Us Today

Common Juvenile Charges We Handle in Georgia

In the United States, offenders who are under 17 are classified as juveniles. Juvenile crimes refer to criminal offenses committed by a child under 17. Moreover, in Georgia, criminal trials involving minors are often held in a juvenile court, like the Gwinnett County Juvenile Court, which operates differently from adult criminal courts.

There are several criminal offenses juveniles can be charged with in Georgia. Common juvenile crimes include:

  • Shoplifting
  • Assault
  • Battery
  • Underage alcoholic consumption
  • DUI
  • Drug sales and distribution
  • Vandalism
  • Theft
  • Traffic violations
  • Gang-related crimes
  • Truancy
  • Usage of a fake driver’s license
  • Sex crimes
  • Robbery

It’s important to know that superior courts and juvenile courts work differently. For example, juvenile cases are handled by a single judge, while superior court cases often use a jury.

Juvenile courts exist to protect minors from the adult criminal system and its harsher punishments. However, if a minor commits certain violent crimes, the prosecutor can have them tried in an adult court, where they could face adult penalties (OCGA § 15-11-560).

Building a Defense For Your Child

Phillip Kim Law helps families across Georgia defend children under 17 facing juvenile charges, from shoplifting and DUI to assault and theft.

We guide you through the juvenile court process and fight to keep your child out of adult court whenever possible. Our team works to protect your child’s future by building a strong defense and pursuing a favorable outcome in their case.

Defense strategies in juvenile cases may include:

Challenging the evidence:

Examining whether evidence was lawfully obtained, whether statements were made voluntarily and with proper notice to parents, and whether the facts support the charge.

Seeking diversion or informal resolution:

For eligible first-time offenders, pursuing alternatives to formal adjudication that avoid a delinquency finding and protect the child’s record.

Contesting transfer to adult court:

In cases where adult prosecution is sought, arguing that the juvenile justice system is capable of addressing the situation and that transfer is not warranted.

Advocating for rehabilitative outcomes:

Presenting evidence of the juvenile’s character, circumstances, and willingness to engage in appropriate programming to support a disposition focused on rehabilitation rather than detention.

Pursuing expungement or record restriction:

After the case is resolved, seeking to restrict or seal the record so it does not follow the young person into adulthood.

What Our Clients Say

Our clients come to us from across Gwinnett County facing some of the most stressful moments of their lives – and we are proud to have made a difference.

“I hired Mr. Kim to represent me in a case dating back a few years ago. I was extremely scared that my case would derail my career because of a previous mistake. Luckily, with Mr. Kim’s constant hard work and dedication, I was able to get the results I hoped for that wouldn’t hurt my future. I appreciate everything Mr. Kim has done and, if I had to do it all again, I would pick Mr. Kim every time. Thank you sir, you’re a life saver.”

– G. J.

“Highly recommended. Philip is pretty straightforward and honest. Provided a clear approach and execution. Kayley was extremely welcoming and supportive at the first meeting. Aide was on top of timelines. Pretty terrific group.”

– E. K.

“With much patience and Mr. Kim’s counsel, I was extremely satisfied with the outcome of my case. He is very honest and straightforward. He respected my decisions and really looks out for his clients. He truly wants the best for them. I also had a great experience with his office, as they were highly professional and communicated effectively. I highly recommend him.
Big thanks to Mr. Kim!”

– T. R.

“From start to finish, Philip Kim Law was professional, responsive, and incredibly knowledgeable. They took the time to explain every step of the process and made sure I understood all of my options. Thanks to their hard work, my case was dismissed, which was a huge relief and a far better outcome than I ever expected. I felt confident knowing I had someone truly fighting for me and my future.”

– W.S.

“If you are looking for a lawyer and staff with integrity, excellent skills, and legal knowledge, not to mention a very professional and courteous attitude, this is the law office to go to. Mr. Kim handled my legal issue as a priority and had my best interest at heart. He did only what would be beneficial to me, not himself or anyone else. Finally a lawyer you can trust!”

– S.K.

Why You Need a Juvenile Defense Attorney in Georgia

Understanding of the juvenile system:

The juvenile justice system has its own rules, procedures, and judges. Experience with how Gwinnett County Juvenile Court operates matters when navigating your child’s case.

Awareness of adult prosecution risk:

For serious charges, the risk of transfer to adult court is real and consequential. Defending against transfer requires understanding both systems and arguing effectively about the juvenile’s amenability to rehabilitation.

Focus on the child’s future:

Every decision in a juvenile case, from the initial plea to the disposition, should be made with an eye toward protecting the young person’s long-term opportunities. A bad action does not define a child’s future, and the defense strategy should reflect that.

Frequently Asked Questions About Juvenile Charges in Georgia

View All FAQs

Under Georgia law, the juvenile court generally has jurisdiction over individuals under the age of 17. However, for certain serious felonies, a juvenile aged 13 or older may be tried as an adult in Superior Court.

Not automatically. Georgia law provides for restriction and expungement of juvenile records in many cases, particularly for first-time offenders. However, adjudications for serious offenses and any case transferred to adult court, may create a permanent record. Taking steps to protect and restrict the record is an important part of the defense process.

Georgia law does not generally impose criminal liability on parents for a juvenile’s offenses, but parents may be ordered to pay restitution for property damage or losses caused by their child. Civil liability may also arise in some circumstances.

Statements made by a juvenile to police without proper notification to parents may be challenged as involuntary or improperly obtained. The admissibility of such statements depends on the specific circumstances. This is one of the first issues a defense attorney will examine.

Many college applications ask about criminal history. Even a juvenile adjudication can affect admissions, scholarships, and campus housing. Pursuing diversion and record restriction is an important part of protecting your child’s future.

A juvenile adjudication is not technically a criminal conviction under Georgia law and does not carry all the consequences of an adult conviction. However, it can still affect school, financial aid, and other opportunities. For serious offenses tried in adult court, the result is a full criminal conviction with permanent consequences.

Every Young Person Deserves a Real Second Chance

Contact Our Juvenile Crime Lawyer at Philip Kim Law Today

The juvenile justice system was designed to rehabilitate, not punish. At Philip Kim Law, our seasoned legal team fights to make sure the system serves that purpose for every client we represent. We serve families across Gwinnett County with the urgency, dedication, and care your child’s situation deserves.

Contact us today at (678) 273-3500 to schedule a free, confidential case evaluation.

Call Now For a Free Consultation

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