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Why you need a Criminal Defense Lawyer in Acworth, GA

According to the latest census, Acworth has a population of 22, 534. Acworth is a small city bordered by two lakes. But the rate of property crimes in Acworth does not paint a pretty picture. 

Low rates of violent crime


The good news is only 16 violent crimes were reported to the Acworth police in 2019. Thirteen of these violent crimes were aggravated assaults. Only 4 robberies were reported. Only 2 rapes were reported. And no murder was reported at all. 


But the bad news?

High rates of property crime


In 2019, residents of Acworth reported 24 break-ins. That’s like 1 break-in for every 1000 residents. Theft is the crime most commonly reported in Acworth, Georgia. Residents also reported 14 motor vehicle thefts. Property crimes include theft, larceny, motor vehicle theft, and burglaries.


This is why you may need a criminal defense lawyer if you live in Acworth.

Reported property crimes


In 2019, 453 crimes in total were reported to the Acworth police. Of the 453 crimes reported by residents, 437 were property crimes. That’s right, 96% percent of all reported crimes in Acworth are crimes against property. And from the 437 property crimes reported to the police 399 were crimes of larceny and theft. 

Still a safe neighborhood


On the whole, Acworth, Georgia is still a safe place to live in. The high incidence of theft keeps the small police force busy. In 2018, there was a total of 63 police officers in Acworth. That means there are 2 police officers for every 1000 residents to investigate and arrest suspected criminals. 


You may wonder why these things are important for you to know.

Teenagers and young adults likely to be arrested for theft


Well, the persons most likely to be arrested on suspicion of theft are young. This is a trend that has been observed across the state of Georgia. 


In 2019, 1585 kids under the age of 16 were arrested for theft. In the same period, 3712 kids aged 17-21 were arrested for theft. By far, though, the age bracket with the highest rates of arrests for theft was for persons aged 30-39 (4,233 arrests). The age bracket of 22-29 had the second-highest number of arrests at 4,164. 

This means a kid singing in the choir at your local church may be arrested for theft. A kid in your Sunday School class may be arrested for theft. A kid in your neighborhood may be arrested for theft. Your kid in high school may be arrested on suspicion of theft, too. 


If that happens, to you—what will you do?

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Parents’ worst nightmare


Every parent has nightmares about receiving a knock on the door at night. And when you answer the door, there’s a police officer.  The police ask you if you are the parent of somebody. Then they give the name of your child. They tell you your child has been arrested on suspicion of theft.

Theft can be both a misdemeanor and a felony


You are shocked, naturally. You hurry and get your coat and shoes on. You grope around for your keys, and you drive down to the police station. When you get there, a uniformed officer informs you that your child is suspected of theft of a cellphone worth $600. 


Well, now, your shock turns to worry. If the item stolen by your child had a value of less than $500, then it would be misdemeanor theft. But since the cellphone your son is suspected of stealing is worth $600, then chances are, your child is facing a felony theft.

Juvenile delinquency


What will you do? Your kid is only 15. Sadly, your child won’t get a free pass. A child aged 13 can be tried for crimes under the Georgia Penal Code. You can cry or yell at your kid, but it won’t make the charges for theft disappear. The bad news? Your child will have to answer charges at the Juvenile Court. And then, you will need a criminal defense attorney. 


Here are some things you need to know and
Here’s what a good
criminal defense attorney should tell you.

You need to protect your child’s rights


Georgia schools often have zero-tolerance policies for crimes. But just because your child has been accused of theft does not mean that he does not have rights that protect him. The thing is you and your child need to know what his rights are and how to protect those rights. This is why you need a good criminal defense lawyer.

Jurisdiction of the Juvenile Court


Your child has the right for the charge to be processed through the Juvenile Court instead of the regular Superior County Court.  There is a big difference between the process in Juvenile Court and the regular courts. 

For one, the Juvenile Court does not seek only to punish juvenile offenders. The court will ensure that the child’s emotional, mental, and physical welfare will be safeguarded. 


This doesn’t mean that your child will no longer be tried. It doesn’t mean that if found guilty your child won’t serve a sentence. 


A Juvenile Court will impose a sentence if the child is found guilty of the charges against them. But part of the power of the Juvenile Court includes ordering your child to be treated if your child needs treatment. 

The task of the Juvenile Court is to rehabilitate the juvenile offender.  At all times, the best interest of the child will be considered. 

Criminal proceedings in Juvenile Court


Note also that the word “theft” will not be used even while the court investigates your child’s case. In the Juvenile Courts, a child will be regarded as “unruly” or “delinquent” but not a criminal even when they are accused of a felony. 



An experienced criminal defense lawyer will tell you that this is good because your child will not be placed in contact with hardened criminals. This may happen if your child is processed and tried through the regular criminal justice system instead of the Juvenile Court.

You will need proof of your child’s age


An experienced Criminal Defense Lawyer will tell you that you need proof of your child’s age. A birth certificate or passport will do. 


  • Your kid may be big for his age. He may even have a mustache. 
  • The police may question his age. It will be less damaging to your child’s mental and emotional health to go through the Juvenile Court system than it is to go through the regular court.

Investigation by the Juvenile Court


You remember that the police contacted you to inform you that your child is suspected of theft? This is one of the first duties of the police when the suspect is a minor child. The police must inform the parents. The police officer who makes the arrest must also bring the child for medical treatment to a hospital, if necessary. And the police officer will contact a caseworker for your child. This will start the investigation rolling. 



If the police fail in that duty, then you need a criminal defense lawyer to argue that the police failed to follow the proper procedure.

Note that the Juvenile Courts are also courts of inquiry. This means that the police officer investigating the crime charged against your kid will have to bring the complaint before the Juvenile Court. The police will also bring the complainant before the Juvenile Court. 



The complainant, in this case, may be the owner of the cellphone or the owner of the cellphone store. Remember, only the Juvenile Court has jurisdiction to inquire, examine and investigate facts alleged against your child.

Determination of probable cause


The Juvenile Court has the jurisdiction to determine if there is sufficient evidence to believe that a misdemeanor or felony was committed. No other court can make this determination when the person accused is a child. 


The Juvenile Court may appoint an investigator. The investigator’s job is to determine if there is sufficient evidence to believe that the crime alleged was committed by your child. The investigator’s job is to determine if there is sufficient evidence that it was your child who committed the alleged crime. 

This is called the determination of the probable cause. 



The investigating officer will then determine if a formal petition should be filed against your child in the court itself. 

Hearing and reading of the formal petition


If the investigating officer finds that a formal petition should be brought against your child, the judge will set a calendar date for a hearing. The hearing corresponds to an arraignment in Superior or State Courts.



At the hearing, the Juvenile Court will read out the charges contained in the formal petition. Then the Court will ask the child whether the child admits or denies the allegations in the petition that had just been read to them. 

The court will also determine if your child will be held in custody or if the child may be released to you while awaiting a trial date. The court may also discharge your child if the evidence against him or her is insufficient.

Call a Criminal defense attorney


The moment the police knock on your door to tell you they’ve arrested your child that’s the time to contact a Criminal Defense Attorney. The criminal defense team at Cobb Criminal Defense is here to assist when your child has been arrested. They are willing and able to help. Don’t hesitate. Don’t procrastinate. Call right now, your child needs a knowledgeable lawyer on his side.

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