Elbert County Criminal Court handles all criminal cases that are filed in Elbert County. See below for more information about criminal cases in Elbert County.
I need help for my Elbert 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 Elbert 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 Elbert 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.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Elbert County Criminal Court
Sentencing in Elbert County
In Elbert 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.
Elbert County Criminal Court locations
Criminal proceedings take place in the Elbert County Criminal Courts. A list of the criminal courts are located here.
Jury Deliberation
In a jury trial in Elbert 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.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
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 Elbert County a public defender will be appointed by the judge if you cannot afford private representation.
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.
Elbert County Prosecutor
For criminal cases in Elbert County, the prosecutor will be a representative of Elbert County. The Elbert County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
What happens in Elbert County at an arraignment?
In Elbert 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.
Elbert County Required Court Appearances
In Elbert 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.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Elbert County Criminal Court Locations
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Elbert County Superior Court
Address: 12 South Oliver, PO Box 619, Elberton GA 30635
Phone: 706-283-2005 Fax: 706-213-7286 -
State Court of Elbert County
Address: 12 South Oliver, PO Box 619, Elberton GA 30635
Phone: 706-283-2005 Fax: 706-213-7286 -
Elbert County Magistrate Court
Address: PO Box 763, Elberton GA 30635
Phone: 706-283-2027 Fax: 706-283-2004 -
Elbert County Juvenile Court
Address: 12 South Oliver, PO Box 619, Elberton GA 30635
Phone: 706-283-2005 Fax: 706-213-7286 -
Municipal Court of Elberton
Address: 203 Elbert Street, Elberton GA 30635
Phone: 706-213-3100