Chattooga County Criminal Court handles all criminal cases that are filed in Chattooga County. See below for more information about criminal cases in Chattooga 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.
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.
Chattooga County Criminal Court
Mandatory Appearances in Chattooga County Criminal Court
At a mandatory or required court appearance in Chattooga 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.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
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.
Chattooga County Criminal Court locations
Criminal proceedings take place in the Chattooga County Criminal Courts. A list of the criminal courts are located here.
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.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
Who can help me in Chattooga County?
For general information about your case the Chattooga County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
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 Chattooga 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.
Arraignments in Chattooga County
During an arraignment in Chattooga County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Chattooga County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Chattooga County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Who is the prosecutor for Chattooga County?
Depending upon the case, the prosecutor for Chattooga County criminal cases will either be a representative of Chattooga 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.
Chattooga County Criminal Court Locations
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Chattooga County Superior Court
Address: 10035 Commerce Street, Summerville GA 30747
Phone: 706-857-0706 Fax: 706-857-0686 -
State Court of Chattooga County
Address: 10102 North Commerce Street, Summerville GA 30747
Phone: 706-857-0661 -
Chattooga County Magistrate Court
Address: 10017 Commerce Street, Summerville GA 30747
Phone: 706-857-0711 Fax: 706-857-0686 -
Chattooga County Juvenile Court
Address: 10035 Commerce Street, Summerville GA 30747
Phone: 706-857-0706 Fax: 706-857-0686 -
Municipal Court of Summerville
Address: 120 Georgia Avenue, PO Box 180, Summerville GA 30747
Phone: 706-859-0900 -
Municipal Court of Trion
Address: 1220 Pine Street, PO Box 850, Trion GA 30753
Phone: 706-734-3665