Walker County Criminal Court handles all criminal cases that are filed in Walker County. See below for more information about criminal cases in Walker 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.
Who can help me in Walker County?
For general information about your case the Walker 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.
Walker County Criminal Court
Walker County Prosecutor
For criminal cases in Walker County, the prosecutor will be a representative of Walker County. The Walker 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.
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.
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.
What happens in Walker County at an arraignment?
In Walker 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.
Sentencing in Walker County
In Walker 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.
Walker County Criminal Court locations
Criminal proceedings take place in the Walker 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.
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.
Mandatory Appearances in Walker County Criminal Court
At a mandatory or required court appearance in Walker 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.
Walker County Criminal Court Locations
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Walker County Superior Court
Address: 103 South Duke Street, PO Box 1125, LaFayette GA 30728
Phone: 706-638-1742 Fax: 706-638-1779 -
State Court of Walker County
Address: 103 South Duke Street, PO Box 1125, LaFayette GA 30728
Phone: 706-638-1742 Fax: 706-638-1779 -
Walker County Magistrate Court
Address: 102 Napier Street, LaFayette GA 30728
Phone: 706-638-1217 Fax: 706-638-1218 -
Walker County Juvenile Court
Address: 103 South Duke Street, PO Box 1125, LaFayette GA 30728
Phone: 706-638-1742 Fax: 706-638-1779 -
Municipal Court of Chickamauga
Address: 103 Crittenden Avenue, PO Box 69, Chickamauga GA 30707
Phone: 706-375-3172 -
Municipal Court of LaFayette
Address: 208 North Main Street, LaFayette GA 30728
Phone: 706-639-1542 -
Municipal Court of Lookout Mountain
Address: 1214 Lula Lake Road, Lookout Mountain GA 30750
Phone: 706-820-1586 Fax: 706-820-0138 -
Municipal Court of Rossville
Address: 500 McFarland Avenue, Rossville GA 30741
Phone: 706-866-1325