Editor's notes.

- In light of the similarity of the statutory provisions, annotations taken from cases decided prior to the adoption of the 1983 Constitution are included in the annotations for this Code section. See Ga. Const. 1983, Art. VI, Sec. III, Para. I and Ga. Const. 1983, Art. VI, Sec. IV, Para. I. C.L.A. v. State, 137 Ga. App. 511, 224 S.E.2d 491 (1976).

In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2501, pre-2000 Code Section 15-11-39, and pre-2014 Code Section 15-11-30.2, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Legislature may restrict or qualify right to treatment as juvenile.

- Treatment as a juvenile is not an inherent right but one granted by the state legislature, and the legislature may restrict or qualify that right as the legislature sees fit as long as no arbitrary or discriminatory classification is involved. Lane v. Jones, 244 Ga. 17, 257 S.E.2d 525 (1979) (decided under former Code 1933, § 24A-2501); In re J.J.S., 246 Ga. 617, 272 S.E.2d 294 (1980);(decided under former Code 1933, § 24A-2501).

Pre-custody statements without Miranda warnings were admissible in considering transfer.

- Statements of the defendant, a juvenile, were admissible and were properly considered in deciding to transfer the defendant's case to the superior court for prosecution even though the statements were made prior to the defendant receiving Miranda warnings since the defendant voluntarily spoke to the police and was not in custody or otherwise detained at the time the statements were made; even if the statements were inadmissible, other evidence, including statements by others which incriminated the defendant, was admissible and supported the transfer determination. In the Interest of B.Y., 257 Ga. App. 253, 570 S.E.2d 689 (2002) (decided under former O.C.G.A. § 15-11-30.2)

Jeopardy did not attach so as to preclude further proceedings against a juvenile for crimes the juvenile admitted at a transfer hearing since the juvenile court accepted the admission for the limited purpose of determining whether the case should be transferred to superior court. In re M.E.J., 260 Ga. 805, 401 S.E.2d 254 (1991) (decided under former O.C.G.A. § 15-11-39).

Juvenile facing transfer of case has right to evidentiary hearing.

- When former Code 1933, §§ 24A-2501 and 24A-2002 are read together, a juvenile faced with the possible transfer of the juvenile's case from juvenile court to "the appropriate court having jurisdiction of the offense" has the right to an evidentiary hearing at which the juvenile must be given the opportunity to introduce evidence and otherwise be heard in the juvenile's own behalf and to cross-examine adverse witnesses. R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-2501).