Minor Tried

When a Minor Can Be Tried as an Adult in Georgia

• In most cases, juveniles are handled in Georgia’s juvenile court system, which focuses on rehabilitation rather than punishment.
• However, certain serious offenses can move a minor’s case into adult (superior) court.
• Being tried as an adult exposes the minor to adult sentencing, including prison time and a permanent criminal record.
• The decision depends on the minor’s age, the offense charged, and the specific circumstances of the case.

Georgia’s “Seven Deadly Sins” Law

• Georgia law requires that minors aged 13 to 17 charged with certain violent felonies be automatically tried in superior court as adults.
• These offenses include murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, and armed robbery with a firearm.
• For these charges, the case begins in adult court rather than juvenile court.
• The superior court has exclusive jurisdiction over these designated felonies.

Discretionary Transfer to Adult Court

• For offenses outside the mandatory category, prosecutors may ask the juvenile court to transfer the case to superior court.
• A transfer hearing is held where the judge weighs whether the minor should be tried as an adult.
• The court considers the seriousness of the offense, the minor’s age and maturity, prior record, and whether rehabilitation is realistic within the juvenile system.
• The minor has the right to be represented by counsel and to contest the transfer.

Factors Courts Consider

• The age and maturity level of the minor at the time of the offense.
• The nature and severity of the alleged crime.
• The minor’s prior contacts with the juvenile justice system.
• Whether the resources of the juvenile court are adequate to address the case and protect the community.

Consequences of Being Tried as an Adult

• Adult convictions carry harsher penalties, including longer sentences and incarceration in adult facilities.
• A conviction creates a public criminal record that can affect education, employment, and housing for life.
• Unlike juvenile adjudications, adult records are far more difficult to seal or restrict.
• The long-term impact makes early, aggressive defense critical.

Why This Matters

• Whether a child is tried as a juvenile or an adult can change the entire trajectory of their life.
• Skilled legal representation can fight to keep a case in juvenile court where rehabilitation is the focus.
• Challenging a transfer to adult court is one of the most important steps in protecting a minor’s future.
• An experienced attorney can advocate for alternatives that preserve the minor’s opportunities and rights.