Burke County Criminal Court handles all criminal cases that are filed in Burke County. See below for more information about criminal cases in Burke County.
Prosecutor in Burke County
In Burke County, the prosecutor is an attorney representing Burke County. In some cases, the prosecutor may actually represent Georgia. For the most part, the prosecutor in Burke County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Burke County Criminal Court
Plea Agreements
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 Burke 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.
Burke County Required Court Appearances
In Burke County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Burke County a public defender will be appointed by the judge if you cannot afford private representation.
I need help for my Burke 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 Burke 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 Burke 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.
Burke County Criminal Court locations
Criminal proceedings take place in the Burke County Criminal Courts. A list of the criminal courts are located here.
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.
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.
Sentencing in Burke County
In Burke County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Burke County Arraignments
An arraignment is a court hearing. In Burke County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Burke 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 Burke 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.
Burke County Criminal Court Locations
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Burke County Superior Court
Address: 111 East 6th Street, PO Box 803, Waynesboro GA 30830
Phone: 706-554-2279 Fax: 706-554-7887 -
State Court of Burke County
Address: 111 East 6th Street, PO Box 803, Waynesboro GA 30830
Phone: 706-554-2279 Fax: 706-554-7887 -
Burke County Magistrate Court
Address: 602 Liberty Street, PO Box 401, Waynesboro GA 30830
Phone: 706-554-4281 Fax: 706-554-8772 -
Burke County Juvenile Court
Address: 111 East 6th Street, PO Box 803, Waynesboro GA 30830
Phone: 706-554-2279 Fax: 706-554-7887 -
Municipal Court of Keysville
Address: 120 Old Wynesboro Road, PO Box 159, Keysville GA 30816
Phone: 706-547-3007 Fax: 706-547-3875 -
Municipal Court of Midville
Address: PO Box 234, Midville GA 30441
Phone: 478-589-7557 -
Municipal Court of Sardis
Address: 713 Charles Perry Avenue, PO Box 398, Sardis GA 30456
Phone: 478-569-4315 -
Municipal Court of Waynesboro
Address: 628 Myrick Street, Waynesboro GA 30830
Phone: 706-554-8029