Understanding Your Criminal Case

The criminal justice process can be confusing and overwhelming. This guide explains the typical steps in a criminal case in Georgia to help you understand what to expect.

Arrest & Booking

When you are arrested, you will be taken to jail for booking. This includes fingerprinting, photographing, and recording your personal information. You may be held until a bond is set.

First Appearance / Bond Hearing

Usually within 48-72 hours of arrest, you will appear before a judge who will inform you of the charges and set bond. If you cannot afford an attorney, request a public defender at this hearing.

Preliminary Hearing (Felonies)

For felony charges, a preliminary hearing may be held where the state must show probable cause that a crime was committed and you committed it. This is not a trial.

Grand Jury / Indictment (Felonies)

For felonies, the case goes to a grand jury who decides whether there is enough evidence to formally charge you. If they vote to indict, the case proceeds to Superior Court.

Arraignment

At arraignment, you will be formally read the charges and asked to enter a plea (guilty, not guilty, or no contest). Your public defender will advise you on your plea.

Discovery & Investigation

Your public defender will review evidence, interview witnesses, and investigate your case. This is a critical phase where your defense strategy is developed.

Pre-Trial Motions & Negotiations

Your attorney may file motions to suppress evidence or dismiss charges. Plea negotiations with the prosecutor may also occur during this phase.

Trial

If no plea agreement is reached, your case goes to trial. You have the right to a jury trial where the state must prove your guilt beyond a reasonable doubt.

Verdict & Sentencing

If found guilty (or if you plead guilty), a sentencing hearing will be held where the judge determines your punishment based on sentencing guidelines and your circumstances.

Appeals

If convicted, you may have the right to appeal. The GPDC Appellate Division can review your case and, if appropriate, file an appeal to a higher court.