Criminal Trials: Steps and Procedure in Georgia

Criminal Trials: Steps and Procedure in Georgia

So you got arrested and charged with a crime in Georgia? That sucks. The criminal justice system here can be real confusing. This article will walk you through what to expect, from getting booked to going to trial. I’m not a lawyer but I’ll do my best to explain it regular-like.

Getting Arrested

If the cops think you did something illegal, they can arrest you. This can happen a couple ways:

• With a warrant – The cops get a warrant signed by a judge saying they can arrest you. This means they have evidence against you.
• Without a warrant – The cops just arrest you if they see you committing a crime or have “probable cause” to believe you did. Then they gotta get a warrant after.

Either way it ain’t fun getting put in handcuffs and hauled off to jail.

Once your arrested, the cops will read you your rights and take you down to the station for booking. This is when they take your picture, fingerprints, etc. and log you into the system.

Initial Appearance

After booking, they’ll take you to see the judge pretty quick. This first time in front of the judge is called your “initial appearance” or “first appearance.”

The judge will tell you what your being charged with and set bail if your eligible. If it’s a really serious felony charge, the judge can’t set bail and you’ll have to wait for the next steps.

This is when you’ll find out if you can pay bail and get out, or if you’ll be waiting in jail. Ask the judge for a public defender if you can’t afford a lawyer!

Preliminary Hearing

Within a couple days of getting arrested, you’ll go back to see the judge for a “preliminary hearing.” This is where the prosecutor has to show there’s probable cause you committed the crime.

If they can’t show probable cause, the charges will get dropped. But most times there is enough evidence to move forward at this point.

Your lawyer can try to get the charges dismissed here, but don’t count on it. The standard is pretty low at a preliminary hearing.

Grand Jury

Georgia requires a grand jury for all felony charges and some misdemeanors. A grand jury is a short secret trial where the prosecution presents evidence.

If the grand jury decides there’s enough evidence, they’ll “indict” you and you’ll officially be charged. Then the case moves to the main trial court.

You and your lawyer can’t be there – it’s just the prosecutor making their case to the grand jury in private. Kinda sketchy if you ask me.

Arraignment

Once your indicted, you’ll go back to court for an “arraignment.” This is when the judge formally tells you what your being charged with and you enter a plea.

You’ll plead either guilty, not guilty, or no contest. Pleading not guilty means you want to fight the charges at trial.

After arraignment, if you plead not guilty they’ll set a trial date a few weeks or months away. If you plead guilty, you go right to sentencing.

Plea Bargaining

Most criminal cases don’t actually go to trial. Instead, they end in a “plea bargain” – basically you plead guilty in exchange for a lighter sentence.

The prosecutor might offer you a deal before your trial, to try to avoid the time and expense. Make sure your lawyer negotiates to get you the best deal possible!

Trial

If you plead not guilty and don’t take a plea bargain, your case will go to trial. This is your chance to fight the charges in front of a judge and jury. Trials have very formal procedures:

• Jury selection – Both sides get to pick who’s on the jury
• Opening statements – Lawyers summarize the case evidence and arguments
• Witness testimony and evidence – Each side presents their evidence and witnesses
• Closing arguments – Lawyers make their final case about guilt or innocence
• Jury deliberation – The jury meets privately to discuss the case and reach a verdict
• Verdict – The jury decides if your guilty or not guilty based on the evidence

The prosecutor has to prove “beyond a reasonable doubt” that your guilty. If even one juror votes not guilty, then you win.

Trials can take days or weeks depending on the case. Make sure your lawyer is ready and knows how to argue your case!

Sentencing

If you plead guilty or are found guilty at trial, the next step is sentencing. For minor crimes, the judge decides your sentence right away.

But for felonies, a probation officer will first investigate your background and write up a “presentence report.” This helps the judge pick an appropriate sentence.

At the sentencing hearing, the judge will announce your sentence based on the law and your criminal history. The possibilities are:

• Jail time
• Probation
• Community service
• Drug or alcohol counseling
• Fines

For really serious felonies, Georgia has set mandatory minimum sentences that limit the judge’s options. Like 10 years for armed robbery, life for murder, etc.

Appeal

If you lost at trial, you can file an “appeal” to ask a higher court to review what happened. You have to show the trial court made legal errors that violated your rights.

The appeals court will look at the transcripts and evidence from the trial to decide if it was conducted properly. But appeals are hard to win, so don’t get your hopes up.

Whew, that’s a lot of steps! The criminal justice process has a lot of moving parts. Having a good lawyer who can explain it and fight for you is really important.

The police and prosecutors aren’t on your side – your lawyer is the only one who can defend you. So don’t try to handle your criminal case alone. Hire a lawyer you trust to guide you through the process.

Let me know if you have any other questions! I’m not a legal expert but I’ll help however I can. Good luck dealing with the criminal justice system – it ain’t fun but you’ll get through it. Stay strong!