Sentence Review Hearing When a Juvenile Has Been Convicted as an Adult

In the Georgia justice system, individuals are considered adults at 17 years of age. A juvenile can be charged as an adult if the crime they are accused of is severe. If a person is convicted as an adult before they turn 17, they will serve their sentence in the Department of Juvenile Justice facilities until they turn 17. Approaching their 17th birthday, the court must hold a sentence review hearing to determine if the remainder of the individual’s sentence will be served on probation, or if the individual will be transferred to the Georgia Department of Corrections. These hearings hold immense significance, not just for the individual, but for the broader understanding of justice, rehabilitation, and societal expectations.

The Context of Juvenile Convictions

When a juvenile is convicted as an adult, the decision typically stems from the severity of the crime, public safety concerns, or the perceived maturity of the offender. Such cases often carry weighty implications, as the juvenile is subjected to adult sentencing guidelines and the associated long-term consequences.

By the time the individual turns 17, a sentence review hearing provides an opportunity to assess progress and consider whether adjustments to the sentence are warranted. This process is both a reflection of the juvenile’s personal growth and a check on whether the justice system has fulfilled its rehabilitative purpose.

The Hearing Process

A sentence review hearing involves multiple parties, including:

  • The Judge: Responsible for weighing evidence, hearing arguments, and making a ruling on whether the sentence should be modified.
  • The Defense Attorney: Advocates for the juvenile, often presenting evidence of good behavior, educational achievements, or rehabilitation efforts.
  • The Prosecutor: Represents the state and may argue for maintaining the sentence, emphasizing public safety or the severity of the original offense.
  • The Juvenile: Plays a central role, offering testimony, reflections, or letters that demonstrate personal growth and remorse.
  • Victims or Their Representatives: May provide impact statements, sharing how the crime affected them and their perspective on potential sentence changes.

Key Considerations During the Hearing

  • Behavioral Record: The court examines the juvenile’s conduct while incarcerated, looking for signs of rehabilitation, compliance with rules, and engagement in positive activities like education or vocational training.
  • Psychological Evaluations: Expert assessments can shed light on the juvenile’s mental and emotional development, as well as their readiness to re-enter society.
  • Support System: The presence of a stable and supportive environment outside the correctional facility is crucial. Family, mentors, or community programs may play a role in advocating for a reduced sentence or alternative measures.
  • Public Safety: The court must balance the potential risk posed by the juvenile’s release against the benefits of reintegration into society.
  • Restorative Justice: The hearing may consider efforts made by the juvenile to address harm caused, such as apologies, restitution, or community service.

If you or a loved one has been convicted as an adult and the defendant’s 17th birthday is approaching, it is crucial to have a defense attorney advocate at a sentence review hearing. The lawyers at the Law Office at Scott Smith would be honored to advocate for you. Call us today at 404-581-0999 for a free consultation.