Stewart County Criminal Court

Stewart County Criminal Court hears all criminal cases in Stewart County. Below you will find specific information about criminal cases and how they are handled in Stewart County.

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.

Prosecutor in Stewart County

In Stewart County, the prosecutor is an attorney representing Stewart County. In some cases, the prosecutor may actually represent Georgia. For the most part, the prosecutor in Stewart County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.

Stewart County Criminal Court

Stewart County Criminal Court

Defendant Sentencing

At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.

Stewart County Criminal Court hearings

Criminal hearings in Stewart County will take place at the Stewart County Criminal Courts. Please see here for a list of the Stewart County Criminal Court Locations.

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 Stewart 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.

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.

Where can I get help for my Stewart 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 Stewart 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.

Right to Jury Trial

For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.

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

Required Court Appearances in Stewart County

Any required court appearances in Stewart County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.

Jury Deliberation

In a jury trial in Stewart County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.

What happens in Stewart County at an arraignment?

In Stewart 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.

Stewart County Criminal Court Locations

  • Stewart County Superior Court

    Address: PO Box 910, Lumpkin GA 31815
    Phone: 229-838-6220 Fax: 229-838-4505

  • Stewart County Magistrate Court

    Address: PO Box 712, Lumpkin GA 31815
    Phone: 229-838-0505 Fax: 229-838-0015

  • Stewart County Juvenile Court

    Address: PO Box 910, Lumpkin GA 31815
    Phone: 229-838-6220 Fax: 229-838-4505

  • Municipal Court of Lumpkin

    Address: PO Box 278, Lumpkin GA 31815
    Phone: 229-838-6101

  • Municipal Courtof Richland

    Address: 390 Broad Street, Richland GA 31825
    Phone: 229-887-3323

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