Richmond County Georgia Juvenile Expungement procedure criminal lawyers

Richmond County Georgia Juvenile Expungement procedure criminal lawyers

Juvenile Expungement in Augusta GA

Expungement means the removal of police and court records from public access. Your records are not be physically destroyed, but they will be sealed and considered as confidential.

To expunge a DUI conviction in simple terms means to seal or destroy your conviction records. You can expunge your DUI conviction by law and by inherent judicial authority. In expungement, the judge orders the sealing or erasing of the legal record of an arrest or conviction. The record is sealed or erased in the eyes of law. It is as if the arrest or conviction never happened.

The criteria for expungement and the process varies from state to state. But the typical eligibility criteria are:
1. You should be a first time offender.
2. A certain amount of time must be over between conviction and seeking the expungement of that conviction.
3. You must have no pending criminal charges at the time of the request.
4. You must have been rehabilitated.

You must either by yourself or through an attorney acting on your behalf should petition the court for expungement of all official public records of your arrest and conviction. A petition for expungement must be on the standard form which is available at the county court where you were convicted.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta GA Juvenile parole procedure defense lawyers

Augusta GA Juvenile parole procedure defense lawyers

Columbia County GA Juvenile probation rules

Probation is extensively used in Juvenile Court, as you might expect in a court where the primary objective for its existence is the rehabilitation of the youthful offender. The goal typically is not just to dump the offender into juvenile detention, but work with him and the parents to sort out the issues that landed him in trouble.
A juvenile Probation Officer has many more responsibilities and powers than an adult probation officer. He can become involved before charges being brought, to counsel the youth, or take other actions. But, once a criminal violation petition is brought and sustained by the Juvenile Court, the Probation Officer plays a more traditional role.

If a juvenile gets in trouble, but his involvement is not extremely serious, his parents appear capable and competent, and the police do not consider that a full petition for wardship is required, they can present the juvenile before a Juvenile Probation Officer for initial intake and counseling. The Officer may just talk to him in presence of the parents, or assist them in retaining better control over their child. This is not really being on probation, but it is useful and sufficient in many cases and avoids bringing the juvenile into the legal process.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Richmond County GA Juvenile parole procedure criminal law lawyers

Richmond County GA Juvenile parole procedure criminal law lawyers

Juvenile probation in Evans GA

If a juvenile is found by the court to be guilty of the charged criminal crime, the court gets jurisdiction over the juveniles life, in very extensive ways. Juvenile Probation will have many conditions in common with adult probation, such as requirements that the offender obey all rules, work to pay restitution to the injured party, report to the officer, get the Officers permission for any change of address or job, and attend counseling or remedial classes for anger management, alcohol abuse, or drug abuse. However, the Juvenile Probation Officers authority is much broader than that. He can direct the juvenile to attend a special school for problem youths so he or she gets special attention. The juvenile can be released to his parents with strict controls established by the Probation Officer and not the parents. The controls will include a maintaining a job, reaching certain academic goals, and almost any other rules and limits that good parenting might impose. In an actual sense, the juvenile becomes a ward of the court, and actually gets a new parent.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Richmond County GA Juvenile criminal procedure criminal law lawyer

Richmond County GA Juvenile criminal procedure criminal law lawyer

Juvenile justice procedure in Columbia County Georgia

When the minor or the parents demand a lawyer, one will be appointed if they are unable to afford their own attorney specializing in juvenile law, and the attorneys initial job will be to try and put together a convincing presentation to the Court as to why the juvenile must be released while the case is sorted out. At all stages in Juvenile Court, the minor retains the right to have both his attorney and his parents present. Yet unlike adult court, no other defendants and no other attorneys can be present in court at the time the minors case is called and heard. Meanwhile, in many respects, the juvenile has fewer rights than an adult criminal accused. It is a very controversial system. Many criticize the ultra leniency of the juvenile justice process, whereas others protest the lack of procedural protections provided to the minor. From the minors standpoint, the Court has his best interests at heart when he is ordered held in custody, without bail, without a preliminary hearing, without an officer even having seen the alleged misdemeanor committed, and without the promise of a jury trial.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta Georgia Juvenile legal procedure criminal law lawyer

Augusta Georgia Juvenile legal procedure criminal law lawyer

Juvenile charges in Columbia County GA

?A police officer may arrest a juvenile for either a felony or misdemeanor offense. But unlike the case with adults, the law enforcement officer need not personally witness a misdemeanor to take the juvenile into custody. He requires just probable cause to believe it was committed. He may even arrest upon reasonable cause to believe the minor a truant. After arresting a minor, the officer then has many options. He may release him with a simple warning or release him and direct him to appear before a community agency for counseling. He may release him and issue a citation to appear before a Probation Officer for further action, or he can directly have him detained in custody by Juvenile Detention Authorities. The minor will not be put in alongside adult offenders.

The Officer must immediately inform the minors parent or guardian of the arrest. The minor is permitted two completed phone calls, to a parent and also to an attorney. When the officer decides on detention, he should present the minor before a Probation Officer within 24 hours of his arrest. The Probation Officer has the authority to release the minor, order informal counseling, informal probation, or order a petition filed against him, upon release or while kept in custody.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta Georgia defense lawyer

Augusta Georgia defense lawyer

Types of violations in Evans Georgia

Usually, there are three kinds of crimes: felonies, misdemeanors and infractions, however the terms for these three kinds may vary from state to state. A felony is a crime that can result in an adult being sentenced to state prison, generally a term of over a year. Felonies include burglary, robbery, weapons assaults, violent sex crimes, murder, grand theft, and sale of any illegal drugs, to name a few.

Misdemeanors are less grave offenses, but can still result in a sentence of up to a year in the County Jail, when committed by an adult. Petty theft, possession of small amounts of marijuana, disorderly conduct, indecent exposure, less grave assaults, and drunk driving are typical misdemeanor violations.

The prison sentences for these crimes do not generally apply to a minor, as he or she cannot be found guilty of a crime. But, a juvenile appearing in the Juvenile legal system will be presented with charges of violating those criminal statutes, as grounds for invoking the Juvenile Courts authority over the minor.

Infractions are much less serious violations than misdemeanors, and include any violation that cannot result in any jail time, but only a fine or administrative consequence. For example speeding, parking violations, or failing to comply with administrative regulations pertaining to your home, car or business.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta Georgia Juvenile court system criminal defense lawyer

Augusta Georgia Juvenile court system criminal defense lawyer

Fighting Youth justice Augusta GA

A juvenile is a minor, and in most jurisdictions is a person below 18 years of age. When a juvenile breaks a criminal statute, the results are generally very different from those if an adult violated the same rule. Mostly the Juvenile legal system is more lenient than the adult legal system, however sometimes it may be more onerous. A juvenile offender may find himself in Juvenile Court when he violates a criminal law; that is, a state or federal law that allows for violators to be punished by a sentence to jail or prison. If a juvenile commits a crime, he is charged by a probation officer or a prosecutor in a civil petition, claiming that he is subject to the Courts Jurisdiction for having broken the law. When the charges are established in Juvenile Court, a judicial finding is made that the minor will be subject to the Courts broad control and jurisdiction. The Courts powers include returning the minor home, imposing formal or informal probation; placement with foster care; enrollment in a special school for juvenile offenders, or even commitment to the States Juvenile detention center, sometimes referred to as Juvenile Hall or the Juvenile Jail. This may continue until the minor comes of age, or even until the age of 21 or 25, depending the state statutes. Certain states have statutes allowing that minors 14 or older committing very grave violations can even be transferred to adult court and prosecuted and punished like an adult. Hence it is a mistake to take the Juvenile Court process lightly.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.