Johnson County Criminal Court hears all criminal cases in Johnson County. Below you will find specific information about criminal cases and how they are handled in Johnson County.
Johnson County Required Court Appearances
In Johnson 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.
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.
Johnson County Criminal Court
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
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.
Jury Deliberation
In a jury trial in Johnson 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.
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.
Johnson County Arraignments
An arraignment is a court hearing. In Johnson County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Johnson County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Johnson County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Johnson County Criminal Court locations
Criminal proceedings take place in the Johnson County Criminal Courts. A list of the criminal courts are located here.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
Prosecutor in Johnson County
In Johnson County, the prosecutor is an attorney representing Johnson County. In some cases, the prosecutor may actually represent Georgia. For the most part, the prosecutor in Johnson County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
I need help for my Johnson 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 Johnson 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 Johnson 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.
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.
Johnson County Criminal Court Locations
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Johnson County Superior Court
Address: 2557 East Elm Street, PO Box 321, Wrightsville GA 31096
Phone: 478-864-3484 Fax: 478-864-1343 -
Johnson County Magistrate Court
Address: 2557 East Elm Street, PO Box 321, Wrightsville GA 31096
Phone: 478-864-3484 Fax: 478-864-1343 -
Johnson County Juvenile Court
Address: 2557 East Elm Street, PO Box 321, Wrightsville GA 31096
Phone: 478-864-3484 Fax: 478-864-1343 -
Municipal Court of Wrightsville
Address: 2212 West Elm Street, Wrightsville GA 31096
Phone: 478-864-2180