Teenager Charged as an Adult in Fulton County

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There are two reasons why a minor might be charged as an adult. The first is they’re 17. Even though you’re not considered an adult until your 18th birthday for most things – i.e. voting, buying tobacco or a weapon – in the Georgia criminal justice system you are an adult at your 17th birthday.

The other reason is the crime the child is charged with. Under OCGA § 15-11-560 a child that is at least 13 will be charged as an adult in Superior Court if they are alleged to have committed certain crimes. These crimes include murder, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, armed robbery with a firearm, and aggravated assault or battery against a police officer. However, there are circumstances that allow these types of cases to be sent back to Juvenile Court.

Every case is different and if your child has been charged as an adult it is imperative to seek out an experienced attorney. Give us a call for a free case consultation.

Teen and Young Adult Traffic Tickets in Georgia

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By: Mary Agramonte, W. Scott Smith PC

If you are a high school or college aged student with a traffic ticket pending in Georgia, it is important to note that young drivers have much different penalties in traffic court than adult drivers. There are several traffic citations in Georgia that can have harsh consequences to those convicted if under the age of 21.

The following offenses will suspend a driver’s license if the driver is under the age of 21 at the time of the conviction:

  • Speeding 24-mph or more over the limit
  • Hit and Run
  • Racing
  • Fleeing or Attempting to Elude
  • Reckless Driving
  • Improper Passing on a Hill or a Curve
  • Unlawful Passing of a School Bus
  • Driving under the Influence
  • Aggressive Driving

In addition to the offenses listed above, if the driver is under the age of 18, accumulating 4 or more points in any 12-month period will also suspend driving privileges. This can occur by being cited in two separate incidents. For example, if a driver is first convicted of Following too Closely at one point, and within the year, a minor speeding ticket, this would put the teen driver over four points, thereby suspending his or her license.

Simply paying the ticket and not attending court is considered a conviction and will count towards the points accumulation.

In the above scenarios, there is no limited permit available for driving privileges. The State will issue a minimum 6-month license suspension. There is one exception to that rule: if the driver is convicted of driving 24-mph over the speeding ticket, and they are between the ages of 18 and 21, the sentencing judge may issue a limited permit in their discretion.

In addition to the license suspension, penalties for under 21 teen and young adult drivers may include probation, driving classes, community service, and fines (and jail, in some scenarios like hit and run, fleeing and attempting to elude, reckless driving, DUI, and more).

Due to the consequences of traffic tickets on teen and young adult drivers, it is highly beneficial to consult with an experienced traffic defense lawyer. A skilled criminal defense lawyer knows the repercussions of traffic tickets on under 21 drivers, and can potentially negotiate amended charges and reduced penalties. This will not only protect young drivers from license suspensions, but can also avoid points being assessed and reported to insurance companies, thereby avoiding rate increases.

If you are a driver under the age of 21 years old, or the parent of one, reach out to the lawyers at W. Scott Smith for a FREE CONSULTATION at 404-581-0999

Why is my child charged as an adult?

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There are two reasons why a minor might be charged as an adult. The first is they’re 17. Even though you’re not considered an adult until your 18th birthday for most things – i.e. voting, buying tobacco or a weapon – in the Georgia criminal justice system you are an adult at your 17th birthday.

The other reason is the crime the child is charged with. Under OCGA § 15-11-560 a child that is at least 13 will be charged as an adult in Superior Court if they are alleged to have committed certain crimes. These crimes include murder, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, armed robbery with a firearm, and aggravated assault or battery against a police officer. However, there are circumstances that allow these types of cases to be sent back to Juvenile Court.

Every case is different and if your child has been charged as an adult it is imperative to seek out an experienced attorney. Give us a call for a free case consultation.

Juvenile Traffic Attorney in Georgia

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When someone under the age of 17 receives a traffic ticket, the Juvenile Court in the county where the offense occurred carries jurisdiction to handle it. Traffic tickets given to children under the age of 17 are classified in one of two ways. 1) Juvenile Traffic or 2) Delinquency case. Some of the most common Juvenile Traffic cases are:

·       Speeding

·       Following too Closely

·       Failure to Obey Traffic Control Device

·       Use of a Cell Phone

·       Failure to Yield

·       Failure to Maintain Lane

Certain offenses, however, are handled strictly as Delinquency cases. These offenses are treated much more serious within Juvenile Court. The following offenses are treated as Delinquency cases in Georgia:

·       Aggressive driving

·       Reckless driving

·       DUI Alcohol or Drugs

·       A speeding offense punishable by four or more points

·       Homicide by vehicle

·       Manslaughter resulting from the operation of a vehicle

·       Any felony in the commission of which a motor vehicle is used

·       Racing

·       Fleeing or attempting to elude an officer

·       Fraudulent or fictitious use of a driver’s license

·       Hit and run or leaving the scene of an accident

·       Any offense committed by an unlicensed driver under 16 years of age

On these more serious delinquency matters, the child could be ordered into temporary custody of DFCS, or if the child has prior juvenile history, or commits a felony, then he or she can be placed in an institution, camp, or other facility for delinquent children. There are several less severe ways a Judge can handle the case that do not involve the sanctions mentioned above. For example, the following dispositions are also available in Juvenile court:

·       Reprimand or order (only available for less serious tickets)

·       License suspension

·       Traffic school, Community Service, and/or a Fine

·       Substance abuse program

·       Probation

Even better, in most Juvenile Traffic cases, an informal disposition is available in most Georgia counties’ Juvenile Court. This sometimes is called Diversion or Abeyance. This means the Court does not transmit the disposition to the Department of Driver’s Services, or to the State at all. After a brief supervision period or perhaps a traffic class or community service, the child’s case is dismissed and the juvenile record can be completely sealed. 

It is important to note that the Department of Driver Services will suspend juvenile license privileges once a ticket is paid in some situations, including WITH certain speeding offenses. It is not wise to handle a juvenile traffic case without a lawyer for this reason amongst the other consequences possible within Juvenile Courts in Georgia.

If you or a loved one has received a traffic ticket and are under the age of 17, call us today for a FREE CONSULTATION on how to best proceed with your case. 404-581-0999.