The Criminal Prosecution Process in Georgia

Do you need info on the criminal justice process in Georgia? If so, you need to read this article. This article discusses the various steps and what it means for anyone who has been arrested and is facing prosecution. To stand any chance of optimal results you will need to hire a top defense lawyer in Georgia.

If you or someone you know was recently arrested for a criminal defense in Georgia, it is wise to gain a deeper understanding of what will happen now through the rest of the Georgia criminal law process to ensure optimal preparation on everyone’s part. Your public defender or private lawyer should walk you, your family member or your friend through each step of the criminal justice process and legal proceedings. Learning the felony crimes process in Georgia can better equip you to mentally and emotionally handle the different phases of the proceedings.

The Steps of the Georgia Judicial Process

Arrest Process in Georgia

Generally speaking, the first part of the Georgia criminal law process is a felony arrest. Some types of felonies include rape, murder, aggravated assault, robbery, forgery, arson, fraud and burglary. However, the state of Georgia classifies numerous other types of crimes as felonies. In some cases, police surveillance might have preceded the arrest. In other cases, law enforcement might have been alerted to the crime by witnesses, or present at the scene of the crime when it transpired. In any case, the criminal prosecution process always begins when you or your loved one is formally arrested for a crime. At the time of detainment, the presiding officer must inform an individual that an immediate arrest is being made, that the person being arrested has a right to contact an attorney, and that the person has the right to remain silent at the time of the arrest (Miranda Warning).

Arraignment Process

The second step in the felony crimes process in Georgia is an arraignment to be held no more than 72 hours after the arrest. During this step, the person charged with a crime(s)is to be brought in front of a judge who will orally declare the charges in an open courtroom. At this time, the person charged or their criminal defense attorney can enter a plea. If no response is given, the person charged is considered to have consented to a “mute plea”, which the court translates as a “not guilty” plea. Using this method to publicly show that you do recognize the validity of how the criminal prosecution process has been conducted up to this point. The most common options are to plead “guilty” or “not guilty” to committing the crime. A less used option is to plead “no contest,” which means that the arrestee is not admitting guilt of committing any crime, but is not formally disputing the charges, either. No contest pleas are generally used by people who might also be sued in civil court for monetary damages sought in criminal cases.

Bail Bond Hearing Process

Although some bail bond hearings are set within hours of being arrested, the state of Georgia might deem that the bail bond hearing be held within 30 days of the arrest. Bail is simply an amount of money set by a judge to allow the defendant to be released until the trial. At the bail bond hearing, the judge sets the bail. The defendant can either pay the entire bail amount, or enlist the help of a bail bondsmen. When enlisting the services of a bail bondsman the defendant (personall or throught family r friends)generally has to put up 10 percent of the bail. At this point the bail bondsmen gives the court the rest of the money to the court on your behalf. When you show up for your scheduled court appearance, the bail money is then refunded to the bail bondsmen, who keeps the fees he or she charged you for the bail as his or her payment for helping to get you out of jail. If the defendant fails to appear in court on the appointed day, the judge will issue a FAilure To Appear (FTA) warrant for the arrest of the defendant, and the bond money will be forfeited to the court.

Plea Negotiation Process

Oftentimes, criminal cases do not go to trial because the prosecuting attorney recommends a plea negotiation to the accused. If the district attorney or solicitors office offers a plea negotiation, it will usually mean reduced charges, reduced jail time, or even probation or house arrest over incarceration. If the prosecution and defendant do not reach a plea negotiation, the defense lawyer will want to immediately begin trial preparations. During the preparations, the criminal lawyer will most likely want to review the evidence held by the prosecution, coach the defendant on how to answer direct questions, and inform the defendant about the jury selection process. By law the prosecution must disclose to the defending party all evidence which they have and may use in prosecuting the case. Several other factors pertaining to the particular case will also determine what course of action the defense attorney may choose to take in the actual courtroom criminal defense.

Felony Crimes Process in Georgia: Possible Outcomes

At the end of the criminal court trial, several different possibilities can occur. For one, the defendant could be found not guilty of the crime, and be free to leave. The defendant could be found guilty of the crime and sentenced at a later date. Post conviction sentencing could include incarceration, house arrest or probation for a specified period of time. Under Georgia criminal law process, a person convicted of a crime has up to 30 days to appeal the court’s ruling.

DISCLAIMER: This is a general presentation of the criminal justice process in Georgia. Applicable laws or circumstances may make this information become outdated, inaccurate or incomplete. You should consult with an attorney for professional legal advice on any criminal matter. This article is not legal advice.

Photo courtesy of Mohamed Hassan on Pixabay.