Georgia Criminal Procedure

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If you would like to know what determines the difference between a civil case and a criminal case in the state of Georgia, here is what you need to know. A civil case refers to the charges that one citizen is allowed to bring on another citizen, while a criminal case is a case during which the state can bring charges against a citizen.

In order for a criminal case to be initiated in Georgia, a carefully documented police report will be required. This report will include the precise circumstances that led to the crime. If you are the person who is being accused of having committed a criminal act, you could be charged with infarction, felony or misdemeanor. Infractions will require you to pay a fine, while felonies and misdemeanors will trigger an arrest warrant issued by the law enforcement officers in Georgia. A sitting judge or a magistrate will need to approve this legal document after substantial evidence is found against the suspect.

According to the Criminal Procedure Title 17, Section 17-1-1, unless the court has taken another decision, all pleadings made after the entry of the initial accusation upon which the defendant is to be tried, shall be accordingly served to each accused.

Upon the arrest of a suspect in a case, a preliminary hearing will be held and then the defendant will face the trial. The felony information which is part of the police report is also going to be filed. This information also includes facts that have been found by the investigations made by Georgia police. The procedure during which a defendant will enter his or her plea is called arraignment. Once it occurs and once the defendant pleads as guilt or not guilty, the lawyer will take over and start defending the case. Legal research will be conducted by the lawyer. Plus, they will also know all of the details of the Georgian law system and will prove to be extremely helpful.

If the defendant claims to be guilty, the sitting judge will enter a judgment followed by a sentence. If the defendant says not guilty or innocent, the parties will start to exchange information and the judge or the jury will ultimately enter a judgment based of the facts and will give the verdict.