Jackson County Criminal Court handles all criminal cases that are filed in Jackson County. See below for more information about criminal cases in Jackson County.
I need help for my Jackson County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Jackson County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Jackson County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
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.
Jackson County Criminal Court
What happens in Jackson County at an arraignment?
In Jackson 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.
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.
Mandatory Appearances in Jackson County Criminal Court
At a mandatory or required court appearance in Jackson 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.
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.
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.
Jackson County Criminal Court hearings
Criminal hearings in Jackson County will take place at the Jackson County Criminal Courts. Please see here for a list of the Jackson County Criminal Court Locations.
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.
Jackson County Prosecutor
For criminal cases in Jackson County, the prosecutor will be a representative of Jackson County. The Jackson 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.
Sentencing in Jackson County
In Jackson 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.
Can I request a Plea Agreement?
In Jackson 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.
Jackson County Criminal Court Locations
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Jackson County Superior Court
Address: 5000 Jackson Parkway, PO Box 7, Jefferson GA 30549
Phone: 706-387-6255 Fax: 706-387-6273 -
State Court of Jackson County
Address: 5000 Jackson Parkway, PO Box 7, Jefferson GA 30549
Phone: 706-387-6255 Fax:706-387-6273 -
Jackson County Magistrate Court
Address: 5000 Jackson Parkway, Suite 230, Jefferson GA 30549
Phone: 706-387-6356 Fax: 706-387-6369 -
Jackson County Juvenile Court
Address: 5000 Jackson Parkway, PO Box 7, Jefferson GA 30549
Phone: 706-387-6255 Fax: 706-387-6273 -
Municipal Court of Arcade
Address: PO Box 417, Arcade GA 30549
Phone: 706-367-5500 -
Municipal Court of Braselton
Address: 5040 Highway 53, PO Box 306, Braselton GA 30517
Phone: 706-654-3915 Ext. 1121 -
Municipal Court of Commerce
Address: 1491 South Elm Street, PO Box 348, Commerce GA 30529
Phone: 706-335-3200 -
Municipal Court of Hoschton
Address: 79 City Square, PO Box 61, Hoschton GA 30548
Phone: 706-824-1911 -
Municipal Court of Jefferson
Address: 1010 Washington Street, Jefferson GA 30549
Phone: 706-367-5231 -
Municipal Court of Maysville
Address: 4 Homer Street, Maysville GA 30558
Phone: 706-652-2274 Fax: 706-652-3511 -
Municipal Court of Nicholson
Address: PO Box 365, Nicholson GA 30565
Phone: 706-757-3408 -
Municipal Court of Pendergrass
Address: PO Box 95, Pendergrass GA 30567
Phone: 706-693-2494