Waiver of counsel, 2014

Waiver of counsel must be voluntary and must be made knowingly and intelligently.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    Under 0

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    No restrictions

Timing of counsel, 2013

In Georgia, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Organized at the state level

Organizer: Georgia Public Defender Standards Council (GPDSC) (Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)

Indigency is not determined legislatively

Georgia indigency law is governed by: Juvenile Statutes effective until 12-31-2013; Juvenile Statutes effective 01-01-2014; Juvenile Court Rule; Adult Statutes (the Georgia Indigent Defense Act of 2003), which determine indigency. Georgia law has several useful definitions. Under the terms of the Georgia Indigent Defense Act of 2003, by statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. The Public Defender makes the determination of indigency. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent.

  • Reflects laws as of the end of 2013 legislative sessions.

Courtroom shackling, 2015

No statewide restriction

Sex offender registration, 2015

Does not register

Competency, 2015

Georgia’s Juvenile Code (of statutes) contain an article related to competency for youth alleged delinquent or a “child in need of services” cases’ and align with the Dusky standard. The bases for incompetency include: age, immaturity, mental illness, developmental disability, or a combination of mental illness and developmental disability. An attorney is appointed for the child prior to evaluation. Statutory procedures include criteria for the evaluation/report, competency restoration services and planning. Once found incompetent, the court can review the matter (pending restoration) for up to 120 days if allegations were misdemeanor-level, or for 2 years with 6 month reviews if the allegations were felonious. A juvenile is not subject to transfer to (adult) criminal court when mental incompetency exists.

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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