Wilkinson County Criminal Court hears all criminal cases in Wilkinson County. Below you will find specific information about criminal cases and how they are handled in Wilkinson County.
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.
Where can I get help for my Wilkinson 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 Wilkinson 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.
Wilkinson County Criminal Court
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.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
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 Wilkinson 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.
Wilkinson County Criminal Court hearings
Criminal hearings in Wilkinson County will take place at the Wilkinson County Criminal Courts. Please see here for a list of the Wilkinson County Criminal Court Locations.
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 Wilkinson County a public defender will be appointed by the judge if you cannot afford private representation.
Wilkinson County Required Court Appearances
In Wilkinson County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
Who is the prosecutor for Wilkinson County?
Depending upon the case, the prosecutor for Wilkinson County criminal cases will either be a representative of Wilkinson 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.
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.
Arraignments in Wilkinson County
During an arraignment in Wilkinson County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Wilkinson County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Wilkinson County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
Wilkinson County Criminal Court Locations
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Wilkinson County Superior Court
Address: 100 Bacon Street, PO Box 250, Irwinton GA 31402
Phone: 478-946-2221 Fax: 478-946-1497 -
Wilkinson County Magistrate Court
Address: PO Box 201, Irwinton GA 31042
Phone: 478-946-2222 Fax: 478-946-3810 -
Wilkinson County Juvenile Court
Address: 100 Bacon Street, PO Box 250, Irwinton GA 31402
Phone: 478-946-2221 Fax: 478-946-1497 -
Municipal Court of Allentown
Address: PO Box 34, Allentown GA 31003
Phone: 478-962-0454 -
Municipal Court of Gordon
Address: PO Box 387, Gordon GA 31031
Phone: 478-628-2222 -
Municipal Court of Irwinton
Address: PO Box 359, Irwinton GA 31042
Phone: 478-946-7144 -
Municipal Court of Ivey
Address: 148 Highway 243, Ivey GA 31031
Phone: 478-628-2479 -
Municipal Court of McIntyre
Address: PO Box 38, McIntyre GA 31054
Phone: 478-946-2037 -
Municipal Court of Toomsboro
Address: PO Box 67, Toomsboro GA 31090
Phone: 478-933-5257