Dade County Criminal Court hears all criminal cases in Dade County. Below you will find specific information about criminal cases and how they are handled in Dade County.
Prosecutor in Dade County
In Dade County, the prosecutor is an attorney representing Dade County. In some cases, the prosecutor may actually represent Georgia. For the most part, the prosecutor in Dade County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Jury Deliberation
In a jury trial in Dade 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.
Dade County Criminal Court
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.
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.
What happens in Dade County at an arraignment?
In Dade County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Who can help me in Dade County?
For general information about your case the Dade 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.
Can I request a Plea Agreement?
In Dade 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.
Dade County Criminal Court hearings
Criminal hearings in Dade County will take place at the Dade County Criminal Courts. Please see here for a list of the Dade County Criminal Court Locations.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
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.
Required Court Appearances in Dade County
Any required court appearances in Dade 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.
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.
Dade County Criminal Court Locations
-
Dade County Superior Court
Address: 255 West Crabtree Street, Suite 103, PO Box 417, Trenton GA 30752
Phone: 706-657-4778 Fax: 706-657-8284 -
Dade County Magistrate Court
Address: 75 Case Avenue, PO Box 605, Trenton GA 30752
Phone: 706-657-4113 Fax: 706-657-8618 -
Dade County Juvenile Court
Address: 255 West Crabtree Street, Suite 103, PO Box 417, Trenton GA 30752
Phone: 706-657-4778 Fax: 706-657-8284 -
Municipal Court of Trenton
Address: PO Box 518, Trenton GA 30152
Phone: 706-657-4167 Fax: 706-657-7228