Spalding County Criminal Court

Spalding County Criminal Court handles all criminal cases that are filed in Spalding County. See below for more information about criminal cases in Spalding County.

Spalding County Criminal Court locations

Criminal proceedings take place in the Spalding County Criminal Courts. A list of the criminal courts are located here.

Spalding County Prosecutor

For criminal cases in Spalding County, the prosecutor will be a representative of Spalding County. The Spalding County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.

Spalding County Criminal Court

Spalding County Criminal Court

Can I appeal a guilty verdict?

If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.

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 Spalding County a public defender will be appointed by the judge if you cannot afford private representation.

Where can I get help for my Spalding 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 Spalding 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.

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.

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.

What happens in Spalding County at an arraignment?

In Spalding 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.

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.

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.

Mandatory Appearances in Spalding County Criminal Court

At a mandatory or required court appearance in Spalding 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.

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.

Spalding County Criminal Court Locations

  • Spalding County Superior Court

    Address: 132 East Solomon Street, PO Box 1046, Griffin GA 30224
    Phone: 770-467-4746 (Civil)

  • State Court of Spalding County

    Address: 132 East Solomon Street, PO Box 1046, Griffin GA 30224
    Phone: 770-467-4746 (Civil)

  • Spalding County Magistrate Court

    Address: 132 East Solomon Street, Griffin GA 30223
    Phone: 770-467-4320 (Criminal) Fax: 770-467-0081

  • Spalding County Juvenile Court

    Address: 429 East Solomon Street, PO Box 368, Griffin GA 30224
    Phone: 770-467-4730 Fax: 770-467-4733

  • Municipal Court of Griffin

    Address: 868 West Poplar Street, Griffin GA 30223
    Phone: 770-229-6450 or 770-229-6403 Ext. 312 Fax: 678-692-0409

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