Floyd County Criminal Court

Floyd County Criminal Court hears all criminal cases in Floyd County. Below you will find specific information about criminal cases and how they are handled in Floyd County.

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.

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.

Floyd County Criminal Court

Floyd County Criminal Court

What happens in Floyd County at an arraignment?

In Floyd 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.

Jury Deliberations in Floyd County

In Floyd 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.

Required Court Appearances in Floyd County

Any required court appearances in Floyd 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 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.

Floyd County Criminal Court locations

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

Floyd County Prosecutor

For criminal cases in Floyd County, the prosecutor will be a representative of Floyd County. The Floyd 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.

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.

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.

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.

Where can I get help for my Floyd County criminal case?

The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Floyd County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.

Floyd County Criminal Court Locations

  • Floyd County Superior Court

    Address: 3 Government Plaza, Suite 101, PO Box 1110, Rome GA 30162
    Phone: 706-291-5190 Fax: 706-233-0035

  • Floyd County Magistrate Court

    Address: 3 Government Plaza, Suite 227, Rome GA 30161
    Phone: 706-291-5250 Fax: 706-291-5269

  • Floyd County Juvenile Court

    Address: 3 Government Plaza, Suite 202, Rome GA 30161
    Phone: 706-291-5180 Fax: 706-291-5247

  • Municipal Court of Cave Spring

    Address: 10 Georgia Avenue, PO Box 365, Cave Spring GA 30124
    Phone: 706-777-3382

  • Municipal Court of Rome

    Address: 5 Government Plaza, Suite 300, Rome GA 30161
    Phone: 706-238-5150

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