Although every case is different, these are typically the first steps after being charged in a criminal case. Contact Swingle Levin LLC to learn more.
What is Considered a Crime in Georgia?
In Georgia, a crime is any act or omission that violates state or federal law, punishable by imprisonment, fines, or both. Crimes are classified into misdemeanors and felonies, with varying degrees of severity.
Misdemeanors include petty theft, simple assault, battery, small marijuana possession and minor traffic violations, which carry penalties of up to one year in jail and fines of up to $1,000. More serious offenses, known as felonies, include murder, drug trafficking, and armed robbery, which come with prison sentences of over a year and substantial fines. Georgia also recognizes “wobblers,” crimes that can be charged as either misdemeanors or felonies, depending on the circumstances.
Prosecutors generally bring criminal charges by an indictment or an accusation. Prosecutors can merely file an accusation, but indictments are secured by presenting evidence to a grand jury. In addition to grand juries, preliminary hearings are also used to establish the existence of probable cause. If probable cause can’t be established, a defendant will not be forced to stand trial.
Common Stages of a Criminal Process in Georgia
Every case is different, but below are the most common steps in a criminal case in the most common order that we see them. However, bear in mind that this is a general overview of the stages of criminal cases in Georgia. Specifics may vary depending on the circumstances and the charges.
1. Arrest:
A criminal case typically begins with an arrest after law enforcement officers have probable cause to believe a crime has been committed. The police officer may arrest the suspect with or without an arrest warrant, depending on the circumstances. (O.C.G.A. § 17-4-20)
2. First Appearance Hearing:
After the arrest, the defendant is brought before a magistrate judge for a First Appearance Hearing, usually within 72 hours. During this hearing, the judge informs the defendant of the charges against them, and their right to counsel. Oftentimes, a defendant will have his or her bond set at this hearing. If the charges are serious (murder, rape, trafficking, etc), then only a superior court judge can set a bond. (O.C.G.A. § 17-4-26)
3. Preliminary Hearing:
If you don’t bond out of jail after your arrest, most counties will schedule a preliminary hearing for your case (sometimes you have to request it). At the preliminary hearing, a magistrate judge will decide if there is probable cause to support the charges in your case. Even if the magistrate judge dismissed your charges at this stage, the State can still try to indict you. Some counties (e.g. Morgan County) will allow you to have a preliminary hearing even if you have bonded out. This can be a valuable tool for fighting your case.
4. Grand Jury Proceedings:
In many felony cases in Georgia, a grand jury is convened to determine whether there is enough evidence to indict the defendant. If the grand jury returns an indictment, the case proceeds to the next stage. If your case is not indicted within 90 days, a Superior Court judge must set a bond in your case.
5. Arraignment:
Arraignment is the defendant’s first appearance in the trial court. During this hearing, the defendant is formally charged and asked to enter a plea of guilty, not guilty, or nolo contendere (no contest). Some courts allow us to waive your presence at this hearing. Although the hearing itself is not usually exciting or all that important, your arraignment date starts the clock ticking on a number of very important deadlines for filing motions.
6. Pretrial Motions:
Prior to trial, the defense and prosecution may file various motions, such as motions to suppress evidence, motions to compel discovery, or motions to change the trial’s venue. These motions help shape the scope of the trial. Many, though not all, motions will be based on the discovery we receive in your case. (O.C.G.A. § 17-16-1)
7. Trial:
If the case goes to trial, both sides present their evidence and arguments. In a criminal trial, the prosecution has to prove that the defendant committed the crimes charged, beyond a reasonable doubt.
A trial can be a jury trial, where a jury of 12 decides about the defendant’s guilt, or a bench trial, where a trial judge decides. The jury or judge (if it is a bench trial) will either find the defendant guilty or not guilty.
8. Sentencing:
If the defendant is found guilty, the judge will hold a sentencing hearing to determine the appropriate punishment, which may include imprisonment, fines, probation, or other sanctions. (O.C.G.A. §§ 17-10-1 to 17-10-7)
9. Direct Appeal:
After a conviction and sentencing, the defendant has the right to appeal the case to a higher court. In Georgia, this is typically the Georgia Court of Appeals or the Georgia Supreme Court. The appellate court will review the case for legal errors, and if any are found, it may order a new trial, modify the sentence, or reverse the conviction. (O.C.G.A. § 5-6-1)
How a Criminal Defense Lawyer Can Help in Georgia
Facing criminal charges in Georgia can be overwhelming, but hiring an experienced criminal defense attorney is one of the most important steps you can take. A defense lawyer will analyze the details of your case, scrutinizing evidence and identifying weaknesses in the prosecution’s argument. They can negotiate plea deals, which could result in reduced charges or lighter sentencing. However, a plea bargain typically means the defendant pleads guilty to the charged offenses.
Legal representation is crucial for navigating the complexities of Georgia’s criminal justice system and protecting your rights. Whether facing a misdemeanor or felony, having a strong defense can make all the difference in the outcome of your case.
At Swingle Levin LLC, we help individuals facing complex criminal charges. We are not afraid to take on difficult cases. Contact us today for more information.