McIntosh County Criminal Court hears all criminal cases in McIntosh County. Below you will find specific information about criminal cases and how they are handled in McIntosh County.
Mandatory Appearances in McIntosh County Criminal Court
At a mandatory or required court appearance in McIntosh 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 is the prosecutor for McIntosh County?
Depending upon the case, the prosecutor for McIntosh County criminal cases will either be a representative of McIntosh 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.
McIntosh County Criminal Court
Sentencing in McIntosh County
In McIntosh 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.
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.
McIntosh County Criminal Court locations
Criminal proceedings take place in the McIntosh County Criminal Courts. A list of the criminal courts are located here.
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.
McIntosh County Arraignments
An arraignment is a court hearing. In McIntosh County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in McIntosh 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 McIntosh 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 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.
I need help for my McIntosh 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 McIntosh 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 McIntosh 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 if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
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.
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 McIntosh 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.
McIntosh County Criminal Court Locations
-
McIntosh County Superior Court
Address: 310 Northway Street, PO Box 1661, Darien GA 31305
Phone: 912-437-6641 Fax: 912-437-6673 -
State Court of McIntosh County
Address: 310 Northway Street, PO Box 1661, Darien GA 31305
Phone: 912-437-6641 Fax: 912-437-6673 -
McIntosh County Magistrate Court
Address: PO Drawer 459, Darien GA 31305
Phone: 912-437-4888 Fax: 912-437-6635 -
McIntosh County Juvenile Court
Address: 310 Northway Street, PO Box 1661, Darien GA 31305
Phone: 912-437-6641 Fax: 912-437-6673 -
Municipal Court of Darien
Address: 106 Washington Street, PO Box 452, Darien GA 31305
Phone: 912-437-1254