Heard County Criminal Court

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

Prosecutor in Heard County

In Heard County, the prosecutor is an attorney representing Heard County. In some cases, the prosecutor may actually represent Georgia. For the most part, the prosecutor in Heard County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.

Heard County Criminal Court locations

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

Heard County Criminal Court

Heard County Criminal Court

Plea Agreements

A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Heard County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.

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 happens in Heard County at an arraignment?

In Heard 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.

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.

Right to Jury Trial

For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.

Burden of Proof Requirement

In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.

What is Jury Deliberation?

After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.

Sentencing in Heard County

In Heard 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.

Mandatory Appearances in Heard County Criminal Court

At a mandatory or required court appearance in Heard 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.

Where can I get help for my Heard 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 Heard 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.

Heard County Criminal Court Locations

  • Heard County Superior Court

    Address: 215 East Court Square, Room 5, PO Box 249, Franklin GA 30217
    Phone: 706-675-3301 Fax:706-675-6138

  • Heard County Magistrate Court

    Address: 215 East Court Square, Room 11, PO Box 395, Franklin GA 30217
    Phone: 706-675-3002 Fax: 706-675-6059

  • Heard County Juvenile Court

    Address: 215 East Court Square, Room 5, PO Box 249, Franklin GA 30217
    Phone: 706-675-3301 Fax: 706-675-6138

  • Municipal Court of Ephesus

    Address: 24500 GA Highway 100, Roopville GA 30170
    Phone: 770-854-8616

  • Municipal Court of Franklin

    Address: 118 Davis Street, PO Box 250, Franklin GA 30217
    Phone: 706-675-6623

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