CopyCited 18 times | Published | Supreme Court of Georgia | Oct 31, 2016 | 793 S.E.2d 49
...the Interest of E. C.,
291 Ga. App. 440, 441 (662 SE2d 252) (2008) (following R. D. F. in holding that the consequence for missing the deadline requiring a deprivation petition to be filed within five days of the detention hearing under former OCGA §
15-11-41 (e) was dismissal without prejudice); In the Interest of K....
...ate can face negative ramifications if it misses the statutory deadline without obtaining an extension and must initiate a new case. To begin with, the State risks being barred from filing a new complaint due to the statute of limitation. See OCGA §§
15-11-4 (explaining that Title 17 criminal procedures, which include statutes of limitation, apply to delinquency proceedings unless otherwise provided),
15-11-472 (c) (1) (“Any petition alleging delinquency shall be filed within 30 days of the filing of the complaint or within 30 days after such child is released from preadjudication custody....
...released [from detention] and the case is to be prosecuted further other than by informal adjustment, a petition . . . shall be made and presented to the court within 30 days.”
It is undisputed that jeopardy had not attached at the time of the dismissals of these cases in the juvenile courts. See OCGA §
15-11-480 (explaining that jeopardy attaches in a juvenile delinquency proceeding when the first witness is sworn or the child enters an admission and the court accepts it).
M....