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The felony case process in Superior Court follows the process as described below. Above all, Moffitt Law, LLC can help you with your felony case process in the state of Georgia. If a police officer has put you in jail and you have a criminal charge, contact us so that we may review your circumstances.
First Appearance Hearing in a Felony Case Process
The purpose of this hearing is to establish that there is enough evidence to proceed with prosecution. Additionally, the management of a number of procedural issues will occur. Further, these include a determination of indigence, an appointment of defense counsel, a determination of the appropriate case track (Non-Complex, Standard, Complex), a determination of bond, and the next court appearance date.
All-Purpose Hearing
Case management issues will be under review at this hearing. If necessary, preliminary hearings will occur.
Preliminary Hearing
A preliminary hearing is an evidentiary hearing best described as a “trial before the trial” at which the judge decides, at a more in-depth level whether there is enough evidence to proceed with prosecution. Preliminary hearings occur if the defendant is still in jail but has not yet to receive a formal charge. Additionally, if the defendant is subject to probation revocation, s(he) is notified. For defendants still in jail, bond and release recommendations will be up for review. Negotiated pleas and non-negotiated pleas will be under consideration. Finally, for cases that continue, the next court date will be put on the calendar.
Grand Jury
The Grand Jury is the citizen body that determines whether there is enough evidence to proceed to trial. If so, a defendant receives an indictment or formal criminal charge. The Grand Jury hearing is confidential and closed to the public.
Plea and Arraignment
During this hearing, case management-related issues will be under review. The defense counsel is verified or appointed. Release considerations will be under review. The Defense will file and serve Discovery requests.** (prosecutors) Acceptance of non-negotiated and negotiated pleas is taken. The next court date is set for cases that will move forward.
Pre-Trial Conference
At this hearing, acceptance of non-negotiated and negotiated pleas is taken. Discovery requests are filed and served. The next court date is set.
Motions Hearings
At this hearing, evidence suppression matters will be heard. Jury challenges will be heard and ruled upon. Non-negotiated and negotiated pleas are accepted.
Trial
In conclusion, this is the final stage of the criminal justice process. To sum up, a jury (jury trial) or the Judge (bench trial) sees evidence to determine the guilt or innocence of the defendant.
* In a negotiated guilty plea, the District Attorney and the defense attorney agree to a sentence which they propose to the Judge. Moreover, the Judge may or may not accept that sentence. A non-negotiated plea is one for which the District Attorney and defense attorney do not reach an agreement. In a non-negotiated plea, the defendant appears before the Judge. After that, the Judge determines the sentence in the felony case process.
** Except lab reports
Originally posted here
In short, if a police officer has put are in jail and said that you have a charge for a crime or multiple criminal charges, call your Georgia Criminal Defense Lawyer today at 762-200-2924!
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