Madison County Criminal Court handles all criminal cases that are filed in Madison County. See below for more information about criminal cases in Madison County.
Arraignments in Madison County
During an arraignment in Madison County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Madison County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Madison County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Madison 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 Madison 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.
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.
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.
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 Madison County a public defender will be appointed by the judge if you cannot afford private representation.
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.
Who is the prosecutor for Madison County?
Depending upon the case, the prosecutor for Madison County criminal cases will either be a representative of Madison 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.
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.
Madison County Criminal Court hearings
Criminal hearings in Madison County will take place at the Madison County Criminal Courts. Please see here for a list of the Madison County Criminal Court Locations.
Mandatory Appearances in Madison County Criminal Court
At a mandatory or required court appearance in Madison 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.
Who can help me in Madison County?
For general information about your case the Madison 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.
Madison County Criminal Court Locations
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Madison County Superior Court
Address: 91 Albany Avenue, PO Box 247, Danielsville GA 30633
Phone: 706-795-6310 Fax: 706-795-2209 -
Madison County Magistrate Court
Address: 91 Albany Avenue, PO Box 6, Danielsville GA 30633
Phone: 706-795-6375 Fax: 706-795-2222 -
Madison County Juvenile Court
Address: 91 Albany Avenue, PO Box 247, Danielsville GA 30633
Phone: 706-795-6310 Fax: 706-795-2209 -
Municipal Court of Comer
Address: 70 Hwy 72 East, PO Box 65, Comer GA 30629
Phone: 706-783-4552 Fax: 706-783-3378 -
Municipal Court of Danielsville
Address: 10 Government Circle, PO Box 339, Dainelsville GA 30633
Phone: 706-795-2189 Fax: 706-795-2731