Because of the significant amount of discretion the Georgia State Attorney has during the filing of charges against children 15 -17 years of age, it is imperative to retain an attorney who will work to keep the case in juvenile court. In the event the case goes to adult court, it is equally important to have a lawyer who understands the differences and options available in the juvenile court system and the appropriate juvenile sanctions with which to approach the court and ensure that the case is resolved with the child receiving proper sentencing.
http://www.pglawoffice.com/practice-areas/georgia-juvenile-law/index.html
In some states, a combination of the youth's age, offense, and prior record places certain juvenile offenders under the jurisdiction of both the juvenile and criminal courts. In these situations where the courts have concurrent jurisdiction, the prosecutor is given the authority to decide which court will initially handle the case. Transfer under these circumstances is known as "prosecutorial waiver."
http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/states.html
GEORGIA
(b) Criminal jurisdiction.
(1) Except as provided in paragraph (2) of this subsection, the court shall have
concurrent jurisdiction with the superior court over a child who is alleged to have
committed a delinquent act which would be considered a crime if tried in a superior
court and for which the child may be punished by loss of life, imprisonment for life
without possibility of parole, or confinement for life in a penal institution.
(2)(A) The superior court shall have exclusive jurisdiction over the trial of any child 13
to 17 years of age who is alleged to have committed any of the following offenses:
(i) Murder;
(ii) Voluntary manslaughter;
(iii) Rape;
(iv) Aggravated sodomy;
(v) Aggravated child molestation;
(vi) Aggravated sexual battery; or
(vii) Armed robbery if committed with a firearm.
(A.1) The granting of bail or pretrial release of a child charged with an offense
enumerated in subparagraph (A) of this paragraph shall be governed by the provisions
of Code Section 17-6-1.
(B) After indictment, the superior court may after investigation and for extraordinary
cause transfer any case involving a child 13 to 17 years of age alleged to have
committed any offense enumerated in subparagraph (A) of this paragraph which is
not punishable by loss of life, imprisonment for life without possibility of parole, or
confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the
superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the
superior court shall terminate. Any case transferred by the superior court to the
juvenile court pursuant to this subparagraph shall be subject to the designated felony
provisions of Code Section 15-11-63 and the transfer of the case from superior court
to juvenile court shall constitute notice to the child that such case is subject to the
designated felony provisions of Code Section 15-11-63.
(C) Before indictment, the district attorney may, after investigation and for
extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years
of age alleged to have committed an offense specified in subparagraph (A) of this
paragraph. Upon declining such prosecution in the superior court, the district attorney
shall immediately cause a petition to be filed in the appropriate juvenile court for
adjudication. Any case transferred by the district attorney to the juvenile court
pursuant to this subparagraph shall be subject to the designated felony provisions of
Code Section 15-11-63 and the transfer of the case from superior court to juvenile
court shall constitute notice to the child that such case is subject to the designated
felony provisions of Code Section 15-11-63.
http://www.ndaa.org/pdf/Juvenile Transfer 2011.pdf
BBM I think both could be applied to this case.
It looks as if in GA, the prosecutor has sole discretion as to whether she will pursue charges against DL in juvenile or in superior court on his charges. It also appears she has discretion to fully investigate whether she thinks there are any mitigating factors which would cause her to allow this to stay under the juvenile court rather than superior.
From what
I THINK I understand from all of the above legalese is that DL starts out in Juvenile court. DA decides charges. DL is notified (the court hearing). IF, after investigating the case and any mitigators, DA decides to take it to adult (Superior) court then she files documents requesting that transfer and the case is thereafter overseen by superior court.
IF convicted in superior court, DL may still not face some of the same sentencing possibilities that DE will.
Still wish we had an attorney to tell us if this is all correct.
