The Criminal Case Process in Georgia: What to Expect

Ultimately, most criminal defendants can expect a plea bargain. This process, established in the late 1800s, now dominates the criminal justice system in Georgia and elsewhere. In an 1881 plea bargain, perhaps the first one in American history, prosecutors dropped felony embezzlement charges against a California man who pleaded guilty to misdemeanor embezzlement. For both sides, a bird in the hand was worth two in the bush.

A successful out-of-court settlement is a process, not a result. Early offers are usually unfavorable. A criminal defense lawyer needs time to investigate a case, develop legal arguments, and successfully resolve a criminal case. This successful resolution could be a charge reduction plea bargain, as mentioned above, or a plea that involves a significantly reduced sentence, like probation instead of prison time.

Jail Release

If a defendant remains behind bars, a Norcross criminal defense lawyer usually doesn’t have the time necessary to build a solid defense. Somewhat understandably, many incarcerated defendants take the first offer, just to “get it over with.”

Georgia has one of the highest percentages of unsentenced jail inmates in the country. To ease jail overcrowding, three forms of jail release are available in Gwinnett County and most other jurisdictions:

• Own Recognizance Bond: Defendants with clean criminal records who face nonviolent misdemeanor charges are usually eligible for their recognizance release (go forth and sin no more). The least restrictive and least expensive form of jail release is only available in a few situations.
• Cash Bond: Once upon a time, making bond meant paying cash for the entire amount. Now, many jurisdictions accept credit cards or even property deeds, at least for a portion of the bail amount. If the defendant fulfills all conditions, the sheriff refunds most of that money after the case is resolved.
• Bail Bond: Most defendants work with a bonding company to get out of jail before trial. A bail bond is like an insurance policy. If something happens to the insured property (or in this case, the defendant skips bail), the insurance company (bonding company) assumes the financial risk.

“Skipping bail” usually means failing to appear at a required hearing. A judge could also forfeit bail if the defendant violates a technical condition, such as failing to remain in the county, catching a new case, or failing to report to a supervision officer.

Pretrial Matters

A Norcross criminal defense lawyer usually makes procedural arguments in a pretrial hearing, such as Fourth and Fifth Amendment violations.

Under the Fourth Amendment, judges may only issue search warrants if police officers submit a probable cause affidavit or a narrow search warrant exception applies. The uncorroborated word of a paid informant is usually not probable cause. Owner consent and exigent circumstances are the most common search warrant exceptions.

The Fifth Amendment guarantees the right to verbal and physical silence. Before they ask any questions, officers must read suspects their Miranda rights, if they ask questions while the suspect is in custody (does not reasonably feel free to leave). Furthermore, defendants do not have to appear in lineups or pose for photographs.

Endgame

At trial, the state must prove guilt beyond a reasonable doubt. That’s the highest standard of proof in the law. In practical terms, prosecutors need overwhelming evidence to convict defendants. However, beyond a reasonable doubt does not mean beyond all doubt.

Hit-and-runs are a good example. Unless a competent and credible witness got a good look at the defendant behind the wheel at or near the time of the accident, or unless the defendant legally confessed (as outlined above), the case probably won’t hold up in court.

Rely on a Hard-Working Gwinnett County Attorney

The criminal justice process is often long and frustrating. For a confidential consultation with an experienced criminal law attorney in Norcross, contact Zimmerman & Associates.