Arraignment; Admissions at Arraignment; Right to Attorney

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Delinquency
  6. Intake or Arraignment
  7. Arraignment; Admissions at Arraignment; Right to Attorney

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  1. At arraignment, the court shall inform a child of:
    1. The contents of the petition alleging delinquency;
    2. The nature of the proceedings;
    3. The possible consequences or dispositions that may apply to such child's case following adjudication; and
    4. His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose.
  2. The court may accept an admission at arraignment and may proceed immediately to disposition if a child is represented by counsel at arraignment. If a child's liberty is not in jeopardy, he or she may waive the right to counsel at arraignment, provided that such waiver is made knowingly, voluntarily, and on the record. A child represented by counsel or whose liberty is not in jeopardy may make a preliminary statement indicating whether he or she plans to admit or deny the allegations of the complaint at the adjudication hearing. The court shall not accept an admission from a child whose liberty is in jeopardy and who is unrepresented by counsel.
  3. The court shall appoint an attorney to represent an alleged delinquent child whose liberty is in jeopardy and who is an indigent person.

(Code 1981, §15-11-511, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-39/SB 364; Ga. L. 2018, p. 935, § 4/SB 131.)

The 2018 amendment, effective July 1, 2018, added the proviso at the end of the second sentence of subsection (b).


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