Bartow County Criminal Court handles all criminal cases that are filed in Bartow County. See below for more information about criminal cases in Bartow County.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Bartow County Arraignments
An arraignment is a court hearing. In Bartow County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Bartow County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Bartow County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Who is the prosecutor for Bartow County?
Depending upon the case, the prosecutor for Bartow County criminal cases will either be a representative of Bartow County or a representative from Georgia. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Required Court Appearances in Bartow County
Any required court appearances in Bartow County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
In a jury trial in Bartow County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
Bartow County Criminal Court hearings
Criminal hearings in Bartow County will take place at the Bartow County Criminal Courts. Please see here for a list of the Bartow County Criminal Court Locations.
I need help for my Bartow County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Bartow County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Bartow County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Bartow County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Bartow County Criminal Court Locations
Bartow County Superior Court
Address: 135 West Cherokee Avenue, Suite 233, Cartersville GA 30120
Phone: 770-387-5025 Fax: 770-606-2389 (Civil/Criminal)
Bartow County Magistrate Court
Address: 112 West Cherokee Avenue, Suite 101, Cartersville GA 30120
Phone: 770-387-5070 Fax: 770-387-5073
Bartow County Juvenile Court
Address: 135 West Cherokee Avenue, Suite 333, Cartersville GA 30120
Phone: 770-387-5039 Fax: 770-387-5044
Municipal Court of Adairsville
Address: 116 Public Square, Adairsville, GA 30103
Municipal Court of Cartersville
Address: 178 West Main Street, PO Box 1390, Cartersville GA 30120
Phone: 770-607-6307 Fax: 770-387-5651
Municipal Court of Emerson
Address: 700 Highway 293, PO Box 300, Emerson GA 30137
Phone: 770-386-6696 Fax: 770-386-6697
Municipal Court of Euharlee
Address: 30 Burge’s Mill Road, Euharlee GA 30145
Phone: 770-386-1542 Ext. 2009
Municipal Court of Kingston
Address: 30 West Main Street, PO Box 309, Kingston GA 30145
Municipal Court of White
Address: PO Box 116, White GA 30184