Lanier County Criminal Court hears all criminal cases in Lanier County. Below you will find specific information about criminal cases and how they are handled in Lanier County.
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.
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.
Lanier County Criminal Court
Lanier County Criminal Court hearings
Criminal hearings in Lanier County will take place at the Lanier County Criminal Courts. Please see here for a list of the Lanier County Criminal Court Locations.
Can I request a Plea Agreement?
In Lanier 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.
What happens in Lanier County at an arraignment?
In Lanier 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.
Jury Deliberations in Lanier County
In Lanier 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.
Lanier County Required Court Appearances
In Lanier 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.
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.
Prosecutor in Lanier County
In Lanier County, the prosecutor is an attorney representing Lanier County. In some cases, the prosecutor may actually represent Georgia. For the most part, the prosecutor in Lanier County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Lanier County a public defender will be appointed by the judge if you cannot afford private representation.
Who can help me in Lanier County?
For general information about your case the Lanier 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.
Lanier County Criminal Court Locations
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Lanier County Superior Court
Address: 56 West Main Street, Suite 5, Lakeland GA 31635
Phone: 229-482-3594 Fax: 229-482-8333 -
Lanier County Magistrate Court
Address: 56 Main Street, Suite 10, Lakeland GA 31635
Phone: 229-482-3668 Fax: 229-482-3680 -
Lanier County Juvenile Court
Address: 56 West Main Street, Suite 5, Lakeland GA 31635
Phone: 229-482-3594 Fax: 229-482-8333 -
Municipal Court of Lakeland
Address: 122 South Valdosta Road, Lakeland GA 31635
Phone: 229-482-3309