Fannin County Criminal Court

Fannin County Criminal Court handles all criminal cases that are filed in Fannin County. See below for more information about criminal cases in Fannin County.

Arraignments in Fannin County

During an arraignment in Fannin 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 Fannin 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 Fannin County the defendant may be sentenced at that time or the sentencing may take place at a later date.

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.

Fannin County Criminal Court

Fannin County Criminal Court

Fannin County Criminal Court locations

Criminal proceedings take place in the Fannin County Criminal Courts. A list of the criminal courts are located here.

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.

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.

Who is the prosecutor for Fannin County?

Depending upon the case, the prosecutor for Fannin County criminal cases will either be a representative of Fannin 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.

Mandatory Appearances in Fannin County Criminal Court

At a mandatory or required court appearance in Fannin 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.

Who can help me in Fannin County?

For general information about your case the Fannin 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.

Sentencing in Fannin County

In Fannin 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.

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 Fannin County a public defender will be appointed by the judge if you cannot afford private representation.

Can I request a Plea Agreement?

In Fannin 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.

Jury Deliberations in Fannin County

In Fannin County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.

Fannin County Criminal Court Locations

  • Fannin County Superior Court

    Address: 400 West Main Street, PO Box 1300, Blue Ridge GA 30513
    Phone: 706-632-2039 Fax: 706-258-5250

  • Fannin County Magistrate Court

    Address: 400 West Main Street, Suite 202, Blue Ridge GA 30513
    Phone: 706-632-5558 Fax: 706-632-8236

  • Fannin County Juvenile Court

    Address: 400 West Main Street, PO Box 1300, Blue Ridge GA 30513
    Phone: 706-632-2039 Fax: 706-258-5250

  • Municipal Court of Blue Ridge

    Address: 480 West 1st Street, Blue Ridge GA 30513
    Phone: 706-632-2091 Fax: 706-632-3278

  • Municipal Court of McCaysville

    Address: PO Box 6, McCaysville GA 30555
    Phone: 706-492-4921

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