When you’re facing criminal charges, the legal process can feel overwhelming and confusing. There are deadlines to meet, hearings to attend, and complex legal terms to understand. As criminal defense attorneys at Morrison & Hughes, we’re here to help you navigate this system.
Let’s walk through the typical stages of a criminal case in Georgia, from the initial arrest to a final verdict.
The First Steps: Magistrate Court
After an arrest, your case begins in Magistrate Court. This is where initial hearings take place, including bail and bond proceedings. If you’re able to post bond and are released from custody, your case is “bound over” — sent to the appropriate court of jurisdiction: State Court for misdemeanors or Superior Court for felonies.
If you can’t afford bond, or if it’s denied, you’ll stay in custody. But there’s one more step in Magistrate Court: the preliminary hearing (also called a committal hearing). Here a judge reviews the evidence to decide whether there is probable cause to justify holding you while the case is pending. In rare cases, if the judge finds there isn’t enough probable cause, the case might be dismissed and you could be released. That doesn’t guarantee the case is over for good, but it often results in release from custody.
Understanding Statutes of Limitations
You’ve probably heard of statutes of limitations in civil cases — but they apply to criminal cases too. These are legal deadlines for the state to formally file charges against you. In Georgia, the general rules are:
From Charges to Indictment
Once your case is sent to State or Superior Court, the prosecuting office — the Solicitor’s Office for misdemeanors or the District Attorney’s Office for felonies — reviews the file and decides what charges, if any, to formally file.
For felony cases in Superior Court, this often means presenting the case to a grand jury — a panel of citizens who hear the prosecutor’s side and decide whether there’s enough evidence to issue a true bill of indictment, the official charging document. For many less-serious felony and misdemeanor cases, the prosecutor can simply file an accusation without a grand jury.
Arraignment and Pre-Trial Preparation
After the charges are officially filed, your first court appearance is an arraignment. The judge formally reads the charges and asks for your plea. While it’s legally possible to plead guilty at this stage, it’s almost always a bad idea — your defense attorneys need time to review the evidence and investigate. At this point the prosecution has all the information and you have little to no access to it.
Once you plead not guilty, the case moves into the pre-trial phase — a crucial time for your defense. We will:
- Investigate the case — talking to you, your family, and any witnesses.
- Request discovery — obtaining all the evidence the state plans to use against you, such as police reports, body-camera footage, and witness statements.
- File motions — to suppress evidence, challenge the charges, or compel the state to hand over information it may be withholding.
Plea Bargains and Trial
The vast majority of criminal cases are resolved through a plea deal rather than a trial — a negotiated agreement between the prosecution and the defense. It is your decision whether to accept a plea deal, and we’ll advise you on the potential outcomes, weighing the proposed deal against the risks of going to trial.
A trial can be unpredictable. You face the risk of a jury — a group of people who don’t know you — deciding your fate. If a jury finds you guilty, the judge imposes a sentence, and you have limited power to negotiate at that point.
Facing Charges? Don’t Face Them Alone.
Our goal is the best possible outcome for you — whether through a negotiated resolution or by fighting your case in court. We’ll protect your rights at every step and explain your options and fees up front.
At Morrison & Hughes, we understand the enormous pressure you’re under, and we work tirelessly to ensure your rights are protected every step of the way. If you or a loved one are facing criminal charges, don’t hesitate to reach out.
Call us today at 404-LAW-TEAM or contact us here to get started.
