Asked in Juvenile Law for Georgia

Q: My son was placed in a RYDC in GA for 60 days but has not been given credit for the 7 days that he was detained

He was charged with four counts of vehicle theft, four counts of entering a vehicle, and a few more that I’d have to look at for the specifics. He was detained on 10/16 and disposition was on 10/24. His release date is 12/23 and we are being told that he will not receive credit for time served unless the judge specifically stated so in her disposition. This seems to be contrary to GA law. I’m not sure what I can do, if anything, and i would appreciate some advice.

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2 Lawyer Answers
Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Juvenile Law Lawyer
  • Powder Springs, GA
  • Licensed in Georgia

A: In the state of Georgia, any child who is ordered to a secure residential facility and is detained after the adjudication hearing in a secure residential facility pending placement in another secure residential facility must be given credit for time served in the secure residential facility awaiting placement.

Your son's case depends on whether he was detained after his adjudication hearing and only there until placement in the other facility. If this is the case, he is entitled to credit for the days.

It is best to consult a juvenile defense attorney who will be able to look at the specifics of your son's case and determine the best plan of action.

Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Juvenile Law Lawyer
  • Powder Springs, GA
  • Licensed in Georgia

A: The Upshaw Law Firm, (770) 240-0922.

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