Gilmer County Criminal Court hears all criminal cases in Gilmer County. Below you will find specific information about criminal cases and how they are handled in Gilmer County.
What happens in Gilmer County at an arraignment?
In Gilmer 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.
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.
Gilmer County Criminal Court
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.
Who is the prosecutor for Gilmer County?
Depending upon the case, the prosecutor for Gilmer County criminal cases will either be a representative of Gilmer 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.
Gilmer County Required Court Appearances
In Gilmer 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.
Who can help me in Gilmer County?
For general information about your case the Gilmer 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 Gilmer 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.
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.
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.
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.
Gilmer County Criminal Court locations
Criminal proceedings take place in the Gilmer County Criminal Courts. A list of the criminal courts are located here.
Jury Deliberations in Gilmer County
In Gilmer 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.
Gilmer County Criminal Court Locations
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Gilmer County Superior Court
Address: 1 Broad Street, Suite 102, Ellijay GA 30540
Phone: 706-635-4462 Fax: 706-635-1462 -
Gilmer County Magistrate Court
Address: 1 Broad Street, Suite 203, Ellijay GA 30540
Phone: 706-635-2515 Fax: 706-635-7756 -
Gilmer County Juvenile Court
Address: Courtroom: 400 West Main Street, Suite 302, Blue Ridge GA 30513
Phone: 706-632-2225 -
Municipal Court of East Ellijay
Address: PO Box 1060, East Ellijay GA 30539
Phone: 706-276-3111 -
Municipal Court of Ellijay
Address: 197 North Main Street, Ellijay GA 30540
Phone: 706-635-4711 Ext. 1