Evans County Criminal Court hears all criminal cases in Evans County. Below you will find specific information about criminal cases and how they are handled in Evans County.
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.
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.
Evans 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 Evans 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.
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.
Required Court Appearances in Evans County
Any required court appearances in Evans 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.
Who can help me in Evans County?
For general information about your case the Evans 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.
Evans County Criminal Court locations
Criminal proceedings take place in the Evans County Criminal Courts. A list of the criminal courts are located here.
Arraignments in Evans County
During an arraignment in Evans 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 Evans 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 Evans County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Jury Deliberation
In a jury trial in Evans 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.
Evans County Prosecutor
For criminal cases in Evans County, the prosecutor will be a representative of Evans County. The Evans 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.
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.
Evans County Criminal Court Locations
-
Evans County Superior Court
Address: 123 West Main Street, PO Box 845, Claxton GA 30417
Phone: 912-739-3868 Fax: 912-739-2504 -
Evans County State Court
Address: 123 West Main Street, PO Box 845, Claxton GA 30417
Phone: 912-739-3868 Fax: 912-739-2504 -
Evans County Magistrate Court
Address: 7 Freeman Street, Claxton GA 30417
Phone: 912-739-3745 Fax: 912-739-8856 -
Evans County Juvenile Court
Address: 123 West Main Street, PO Box 845, Claxton GA 30417
Phone: 912-739-3868 Fax: 912-739-2504 -
Municipal Court of Claxton
Address: PO Box 829, Claxton GA 30417
Phone: 912-739-2121 -
Municipal Court of Hagan
Address: PO Box 356, Hagan GA 30429
Phone: 912-739-3801