Macon County Criminal Court handles all criminal cases that are filed in Macon County. See below for more information about criminal cases in Macon County.
Who is the prosecutor for Macon County?
Depending upon the case, the prosecutor for Macon County criminal cases will either be a representative of Macon County or a representative from Georgia. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Macon County Required Court Appearances
In Macon 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.
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.
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.
Macon County Criminal Court hearings
Criminal hearings in Macon County will take place at the Macon County Criminal Courts. Please see here for a list of the Macon County Criminal Court Locations.
I need help for my Macon 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 Macon 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 Macon 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.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Sentencing in Macon County
In Macon 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.
Macon County Arraignments
An arraignment is a court hearing. In Macon County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Macon 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 Macon 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.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Jury Deliberations in Macon County
In Macon 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.
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.
Macon County Criminal Court Locations
Macon County Superior Court
Address: 121 South Sumter Street, PO Box 337, Oglethorpe GA 31068
Phone: 478-472-7661 Fax:478-472-4775
Macon County Magistrate Court
Address: 103 South Sumter Street, PO Box 605, Ogelthorpe GA 31068
Phone: 478-472-8509 Fax: 478-472-5643
Macon County Juvenile Court
Address: 121 South Sumter Street, PO Box 337, Oglethorpe GA 31068
Phone: 478-472-7661 Fax: 478-472-4775
Municipal Court of Ideal
Address: 605 Tom Watson Avenue, PO Box 9, Ideal GA 31041
Phone: 478-949-2720 Fax: 478-949-2723
Municipal Court of Marshallville
Address: 102 South Street, PO Box 83, Marshallville GA 31057
Municipal Court of Montezuma
Address: 408 South Dooly Street, PO Box 388, Montezuma GA 31063
Municipal Court of Oglethorpe
Address: 115 Chatham Street, PO Box 944, Oglethorpe GA 31068
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