Morgan County Criminal Court hears all criminal cases in Morgan County. Below you will find specific information about criminal cases and how they are handled in Morgan County.
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.
Morgan County Criminal Court hearings
Criminal hearings in Morgan County will take place at the Morgan County Criminal Courts. Please see here for a list of the Morgan County Criminal Court Locations.
Morgan County Criminal Court
Jury Deliberations in Morgan County
In Morgan 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.
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.
Where can I get help for my Morgan County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Morgan County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Mandatory Appearances in Morgan County Criminal Court
At a mandatory or required court appearance in Morgan 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.
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.
Prosecutor in Morgan County
In Morgan County, the prosecutor is an attorney representing Morgan County. In some cases, the prosecutor may actually represent Georgia. For the most part, the prosecutor in Morgan County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Sentencing in Morgan County
In Morgan 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.
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.
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.
Morgan County Arraignments
An arraignment is a court hearing. In Morgan County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Morgan 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 Morgan 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.
Morgan County Criminal Court Locations
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Morgan County Superior Court
Address: 384 Hancock Street, PO Drawer 551, Madison GA 30650
Phone: 706-342-3605 Fax: 706-343-6462 -
Morgan County Magistrate Court
Address: 149 East Jefferson Street, PO Box 589, Madison GA 30650
Phone: 706-342-3088 Fax: 706-343-6364 -
Morgan County Juvenile Court
Address: 384 Hancock Street, PO Drawer 551, Madison GA 30650
Phone: 706-342-3605 Fax: 706-343-6462 -
Municipal Court of Madison
Address: 118 North Main Street, PO Box 32, Madison GA 30650
Phone: 706-342-1275 Fax: 706-342-2890 -
Municipal Court of Rutledge
Address: PO Box 277, Rutledge GA 30663
Phone: 706-557-2223