Catoosa County Criminal Court handles all criminal cases that are filed in Catoosa County. See below for more information about criminal cases in Catoosa County.
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.
Catoosa County Criminal Court hearings
Criminal hearings in Catoosa County will take place at the Catoosa County Criminal Courts. Please see here for a list of the Catoosa County Criminal Court Locations.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Prosecutor in Catoosa County
In Catoosa County, the prosecutor is an attorney representing Catoosa County. In some cases, the prosecutor may actually represent Georgia. For the most part, the prosecutor in Catoosa County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Catoosa County Arraignments
An arraignment is a court hearing. In Catoosa County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Catoosa 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 Catoosa 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.
I need help for my Catoosa 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 Catoosa 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 Catoosa 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.
Mandatory Appearances in Catoosa County Criminal Court
At a mandatory or required court appearance in Catoosa County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
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.
Can I request a Plea Agreement?
In Catoosa County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
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.
Catoosa County Criminal Court Locations
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Catoosa County Superior Court
Address: 875 Lafayette Street, Ringgold GA 30736
Phone: 706-935-4202 -
Catoosa County Magistrate Court
Address: 877 Lafayette Street, Ringgold GA 30736
Phone: 706-935-3114 Fax 706-965-9036 -
Catoosa County Juvenile Court
Address: 875 Lafayette Street, Ringgold GA 30736
Phone: 706-935-4202 -
Municipal Court of Fort Oglethorpe
Address: 500 City Hall Drive, PO Box 5509, Fort Oglethorpe GA 30742
Phone: 706-866-2989 Fax: 706-858-4682 -
Municipal Court of Ringgold
Address: 150 Tennessee Street, Ringgold GA 30736
Phone: 706-935-3061