Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 6. DELINQUENCY · Part 4. INTAKE OR ARRAIGNMENT
15-11-511. Arraignment; admissions at arraignment; right to attorney.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
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.#
- (b)
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.#
- (c)
The court shall appoint an attorney to represent an alleged delinquent child whose liberty is in jeopardy and who is an indigent person.#
History
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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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 1217 to 1218; merge action: carried; file SHA-256 1f1f034443c3.
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