Juvenile Sentencing Mitigation in Georgia | Legal.ge

JuvenileSentencingMitigation

Does the judge consider the child''s age when sentencing?

Yes, age is a major mitigating factor. Sentences for minors are legally reduced by 1/3 or 1/4 compared to adults for the same crime.

Can a minor get house arrest instead of prison?

Absolutely. House arrest is a preferred alternative sanction in juvenile justice, allowing the child to stay with family while being monitored.

What is a social inquiry report?

It''s a mandatory document prepared by a social worker describing the minor''s life, education, and character. A positive report significantly helps in getting a lighter sentence.

Are plea bargains available for minors?

Yes, plea bargains can be negotiated to reduce the sentence or change the type of punishment (e.g., fine instead of jail), provided it''s in the minor''s best interest.

Introduction: Individualization and Mitigation of Sentencing
When a conviction against a minor is inevitable, the strategy for sentence mitigation becomes critically important. Georgian legislation employs a different, more humane approach when sentencing juveniles. The goal is not retribution, but guiding the adolescent back to the right path. The sentencing mitigation service involves the lawyer presenting and substantiating all circumstances that could reduce the expected sentence. This could be family conditions, psychological state, motive for the crime, or sincere remorse. The work of a qualified lawyer can determine whether the teenager spends years in prison or receives a suspended sentence or house arrest.

What Does This Service Cover?
Working on sentence mitigation requires in-depth analysis and evidence gathering:

Identifying Mitigating Circumstances: The lawyer investigates details of the client''s life—difficult social background, health problems, influence of others—that can be considered factors reducing responsibility.
Requesting Alternative Sanctions: Preparing a reasoned motion for the use of house arrest, community service, or suspended sentence instead of imprisonment.
Analyzing Individual Assessment Report: Studying the report prepared by the social worker and highlighting positive factors (desire to study, sports activities) to the court.
Minimizing Sentence Terms: If imprisonment is inevitable, fighting for the minimum term provided by law, taking into account juvenile allowances.
Plea Bargain: Negotiating with the prosecution to reduce the sentence in exchange for a guilty plea, if it is in the client''s best interest.

Common Situations and Scenarios
The need for mitigation arises at the sentencing stage:

First Offense: The teenager committed a crime for the first time. The lawyer argues that this was an isolated incident and not a lifestyle, thus isolation is unnecessary.
Influence of Others: The crime was committed under duress or influence of adults/friends. This is a strong argument for reducing responsibility.
Restitution: If the family has compensated the damage and the victim has no complaints, the lawyer uses this fact to achieve a suspended sentence.
Health/Developmental Issues: If the teen has mental health issues or developmental delays, the lawyer requests medical measures instead of punishment.

Georgian Legal Framework
Sentencing rules are set out in the "Criminal Code of Georgia" and the "Code on Juvenile Justice". The law states that the term of imprisonment for a minor is reduced: by one-third for persons aged 14 to 16, and by one-quarter for persons aged 16 to 18. Also, life imprisonment is prohibited. The Code prioritizes non-custodial sentences. The judge is obliged to justify why a lighter sentence was not used if they impose imprisonment. These legislative levers allow the lawyer to effectively fight for the client''s freedom.

Step-by-Step Process
1. Preparation for Sentencing: The lawyer gathers character references from school, neighbors, coaches.
2. Working with Social Worker: The lawyer ensures that the social worker receives full information about the teenager''s positive sides.
3. Court Hearing: The lawyer delivers a closing argument summarizing all mitigating circumstances.
4. Negotiation: Parallel consultations with the prosecutor regarding a plea agreement.
5. Verdict and Appeal: If the sentence is excessively harsh, the lawyer appeals to the Court of Appeals requesting a reduction.

Why Choose a Specialist on Legal.ge?
Sentence mitigation is an art that requires knowledge of legal nuances and persuasive argumentation. Lawyers listed on Legal.ge are experts who know how to present your child''s best side to the court. They will fight for every day and strive to ensure the sentence is minimal and focused on the future. Find your defender on Legal.ge.