Juvenile has the right to an attorney

A minor's right to be represented by an attorney dates back only to the 1960s. Until then, juvenile courts often failed to give minors the constitutional rights guaranteed to adults. This denial resulted, ironically, from efforts to protect and aid juvenile offenders. The Gault case initiated changes in juvenile system concepts and procedures. In re Gault, 387 U.S. 1 (1967).

In this case, Gerald Gault, age 15, was taken into custody for making an obscene phone call to his neighbor. His parents were not notified that he was taken into custody, nor were they told the nature of the complaint against Gerald. There were no lawyers present at the hearing. The principal witness against Gault was not the neighbor who had made the complaint but a police officer testifying as to what she had told him. The judge found Gault guilty and ordered him to attend reform school until age 21.

The Gault case was appealed, and the decision was overturned. The U.S. Supreme Court held that juveniles in danger of losing their liberty have several rights. They are entitled to be notified of the charges against them. They can confront and cross-examine witnesses. They can remain silent. They can be represented by an attorney. However, an attorney is not usually brought into a juvenile case until a formal petition is filed. Juveniles also have the right to obtain a record of their hearing and the right to an appeal.

If your child has been accused as a juvenile in Marietta GA or the Metro Atlanta area, you have the right to an attorney and should contact  a skilled attorney to represent you and protect your child's  interests. The Law Offices of  Kenneth R. Croy and Associates has  35 years of  experience both prosecuting and defending the rights of juveniles in Georgia.  If you need an experienced Cobb County  juvenile  law attorney call 770-422-0574. All initial phone consultations are free