Marietta Attorneys Dean Phillips Law Office

Dean Phillips Law Office

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

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You are here: Home / Criminal / Georgia Court of Appeals Permits Transfer of Juvenile Case to Superior Court

May 26, 2016

Georgia Court of Appeals Permits Transfer of Juvenile Case to Superior Court

T.S., a 15-year-old, was held accountable for actions considered the jurisdiction of superior court instead of juvenile court, and after a hearing, the Glynn Juvenile Court deemed a transfer necessary. When committed by an adult, the teenager’s acts would be construed as burglary, criminal trespass, theft by taking, and criminal gang activity.

The defendant appealed, believing that the juvenile court applied O.C.G.A. § 15-11-562 incorrectly in making its determination. The lengthy statute requires a court to reflect upon a child’s age, history, the repetitive nature of offenses, and several other standards. The Appeals Court determined that the juvenile court “engaged in the appropriate balancing test in finding that a transfer was warranted.” T.S. also contended that the court approved the transfer founded solely on the nature of his alleged actions as he interpreted the order for transfer, but the Appeals Court rejected that notion, too.

Ultimately, the Court of Appeals found that the actions of T.S. warranted a more potent venue in a superior court and supported the juvenile court’s reckoning. The Court believed that the local community’s needs outweighed those of the teenager’s desire to remain in the juvenile system.

Filed Under: Criminal, Ga State laws

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341 Lawrence Street
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770-900-9175

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