Gordon County Criminal Court hears all criminal cases in Gordon County. Below you will find specific information about criminal cases and how they are handled in Gordon County.
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.
Who is the prosecutor for Gordon County?
Depending upon the case, the prosecutor for Gordon County criminal cases will either be a representative of Gordon 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.
Gordon County Criminal Court
Jury Deliberation
In a jury trial in Gordon 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.
Required Court Appearances in Gordon County
Any required court appearances in Gordon 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.
Where can I get help for my Gordon 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 Gordon 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.
Gordon County Criminal Court hearings
Criminal hearings in Gordon County will take place at the Gordon County Criminal Courts. Please see here for a list of the Gordon County Criminal Court Locations.
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.
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.
What happens in Gordon County at an arraignment?
In Gordon 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.
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.
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.
Gordon County Criminal Court Locations
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Gordon County Superior Court
Address: 100 South Wall Street, Suite 102, Calhoun GA 30701
Phone: 706-629-9533 Fax: 706-629-2139 -
Gordon County Magistrate Court
Address: 100 South Wall Street, Calhoun GA 30701
Phone: 706-629-6818 Fax: 706-602-1751 -
Gordon County Juvenile Court
Address: 100 South Wall Street, Calhoun GA 30701
Phone: 706-629-4561 Fax: 706-602-8187 -
Municipal Court of Calhoun
Address: 100 Piedmont Street, Calhoun GA 30701
Phone: 706-602-5251 -
Municipal Court of Fairmount
Address: 2265 Highway 411, PO Box 705, Fairmount GA 30139
Phone: 706-337-5306 -
Municipal Court of Resaca
Address: PO Box 779, Resaca GA 30735
Work Phone: 706-624-1336