§ 15-11-69 - Informal adjustment; counsel and advice; time limit; use of incriminating statements - Georgia Statutes

O.C.G.A. 15-11-69 (2010)
15-11-69. Informal adjustment; counsel and advice; time limit; use of incriminating statements

(a) Before a petition is filed, the probation officer or other officer of the court designated by the court, subject to the court's direction, may give counsel and advice to the parties with a view to an informal adjustment if it appears that:

(1) The admitted facts bring the case within the jurisdiction of the court;

(2) Counsel and advice without an adjudication would be in the best interest of the public and the child; and

(3) The child and the child's parents, guardian, or other custodian consent thereto with knowledge that consent is not obligatory.

(b) The giving of counsel and advice cannot extend beyond three months from the day commenced unless extended by the court for an additional period not to exceed three months and does not authorize the detention of the child if not otherwise permitted by this article.

(c) An incriminating statement made by a participant to the person giving counsel or advice and in the discussion or conferences incident thereto shall not be used against the declarant over objection in any hearing except in a hearing on disposition in a juvenile court proceeding or in a criminal proceeding against such declarant after conviction for the purpose of a presentence investigation.

(d) If a child is alleged to have committed a designated felony act as defined in Code Section 15-11-63, the case shall not be subject to informal adjustment, counsel, or advice without the prior written notification of the district attorney or his or her authorized representative.