Habersham County Criminal Court

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

Sentencing in Habersham County

In Habersham 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.

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.

Habersham County Criminal Court

Habersham County Criminal Court

Habersham County Prosecutor

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

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.

Who can help me in Habersham County?

For general information about your case the Habersham 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.

Habersham County Criminal Court locations

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

Mandatory Appearances in Habersham County Criminal Court

At a mandatory or required court appearance in Habersham 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.

Jury Deliberations in Habersham County

In Habersham 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.

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.

What happens in Habersham County at an arraignment?

In Habersham 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.

Can I request a Plea Agreement?

In Habersham 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.

Habersham County Criminal Court Locations

  • Habersham County Superior Court

    Address: Physical Address: 295 Llewellyn Street, Suite 110, Clarkesville, GA 30523
    Phone: 706-839-0300 Fax: 706-839-6351

  • State Court of Habersham County

    Address: Physical Address: 295 Llewellyn Street, Suite 110, Clarkesville, GA 30523
    Phone: 706-839-0300 Fax: 706-839-6351

  • Habersham County Magistrate Court

    Address: 295 Llewellyn Street, Suite 111, PO Box 580, Clarkesville GA 30523
    Phone: 706-839-0350 Fax 706-839-7093

  • Habersham County Juvenile Court

    Address: 295 Llewellyn Street, Suite 250, PO Box 485, Clarkesville GA 30523
    Phone: 706-839-0335 Fax: 706-754-4722

  • Municipal Court of Alto

    Address: 162 Grant Street, PO Box 215, Alto GA 30510
    Phone: 706-778-8035 Fax: 706-778-3357

  • Municipal Court of Clarkesville

    Address: PO Box 21, Clarkesville GA 30523
    Phone: 706-754-5390

  • Municipal Court of Cornelia

    Address: 163 Larkin Street, PO Box 934, Cornelia GA 30531
    Phone: 706-778-4314 Fax: 706-776-9242

  • Municipal Court of Demorest

    Address: 125 Ivy Street, PO Box 279, Demorest GA 30535
    Phone: 706-754-7562

  • Municipal Court of Mount Airy

    Address: PO Box 257, Mount Airy GA 30563
    Phone: 706-894-2986

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