Marietta Attorneys Dean Phillips Law Office

Dean Phillips Law Office

341 Lawrence Street
Marietta, GA 30060
770-900-9175

  • Home
  • Practice Areas
    • Criminal Defense Attorney
      • Assault & Battery
      • Bench Warrants
      • Burglary
      • Bail Bonds
      • Drug Crimes
      • Hit and Run
      • Homicide
      • Juvenile Defense
      • Misdemeanors
      • Probation Violations
      • Resisting Arrest
      • Sex Offenses & Rape
      • Stalking
      • Theft
      • Weapons Offenses
      • White Collar Crimes
    • Divorce
    • DUI Defense
    • Georgia Gun Trust
    • Gun Trust
    • Personal Injury
      • Brain Spinal Cord Injuries
      • Dog Bites
      • Distracted Driver
      • Medical Malpractice
      • Motorcycle Accident
      • Pedestrian Bicycle Accidents
      • Personal Injury Compensation
      • Reckless Driver
      • Trucking Accidents
      • Wrongful Death
    • Traffic Violations
  • About the Attorney
  • Blog
  • Contact
You are here: Home / Ga State laws / Amendments to Certain Georgia Juvenile Delinquency Petitions

February 5, 2022

Amendments to Certain Georgia Juvenile Delinquency Petitions

In Georgia’s Troup County Juvenile Court, the attorney prosecuting a 15-year-old defendant amended the teenager’s petition orally, claiming that one of the charges should be listed as a felony. The trial court allowed the lawyer to make this adjustment after the hearing had begun, affording no notice to the defendant or the defendant’s parents or guardians.

The Juvenile Court supported its decision by referencing O.C.G.A. §15-11-523 (c), noting that the petition cannot be changed once jeopardy attaches to add “new charges of delinquency.” The Court suggested that the oral amendment reflected a correction to the original petition rather than the addition of a new allegation.

The Court of Appeals reversed the trial court’s order, claiming that correcting a charge to a designated felony materially changed the petition and required the petition, according to subsection (b) of the above-referenced statute, to be served like a summons with regard to O.C.G.A. §§ 15-11-530 and 15-11-531. The Court felt that the trial court did not interpret the statute fully and failed to notify the defendant or the defendant’s parents or guardians in a timely manner.

Filed Under: Ga State laws

Contact Us

  • This field is for validation purposes and should be left unchanged.

Raise the Age: A Closer Look

A proposal to revise the minimum mandatory age for adult criminal prosecutions is slowly making its … [Read More...]

Officials Step Up Anti-Gang Activity in Georgia

Currently, the people who work in a nondescript Macon building monitor vehicle traffic in the area. … [Read More...]

What Can You Do to Trick a Breathalyzer?

You may have heard “if you’ve been drinkin’ then suck on Lincoln.” This Breathalyzer trick is … [Read More...]

Troup County Teenager Faces Murder Charges

Shortly after investigators obtained an arrest warrant, a 13-year-old child, with the help of his … [Read More...]

Deadly Head-On Crash in Newton County

Few details were available after a head-on crash in rural Newton County killed five people, all of … [Read More...]

The Phillips Law Firm, LLC
341 Lawrence Street
Marietta, Georgia 30060
770-900-9175

Copyright © 2023 · Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer client relationship.