There are multiple phases of the criminal justice process that can feel overwhelming for individuals with charges pending against them. Instead of facing the courtroom alone, you can prepare by understanding the phases of a criminal case in Georgia as well as hiring an experienced Marietta criminal defense attorney.

1. First Appearance Hearing

A first appearance takes place in jail within 72 hours after arrest, for arrest warrants, or 48 hours without a warrant. The judge reads the charges against you, enters into the record if you have a Marietta criminal defense lawyer, and determines whether or not to set bail.

Key Rights Established at First Appearance Under Georgia Law

When you initially appear in court before a judge, the court will formally advise you of the statutory, constitutional rights in accordance with O.C.G.A.§ 17-4-26 and the Uniform Magistrate Court Rules. This includes:

  • A formal reading of all pending charges and alleged violations against you
  • A reminder of your legal right to remain silent, as well as your right to legal representation
  • Determination of bail or bond for eligible offenders
  • Scheduling of a commitment or preliminary hearing in accordance with statutory deadlines

2. Probable Cause Hearing

Probable cause hearings determine if there is enough evidence against you to take the case to a bench or jury trial. It is generally set within two weeks of your arrest. You do not have to make a plea at this time.

Understanding Commitment Hearings in Georgia Courts

A commitment hearing allows your attorney to cross-examine the witnesses for the prosecution while also challenging the legal sufficiency of the evidence presented by the state before the case can proceed for a grand jury indictment or formal accusations arise.

3. Arraignment

An arraignment is your first appearance before the judge assigned to your case. During this hearing, it is your opportunity to understand the charges against you, your rights, and how you plead your case.

Plea Options at Georgia Arraignment Hearings

Under Georgia criminal procedure, defendants enter a formal response to the charging document (indictment or accusation) presented by the district attorney or solicitor-general.

  • Not Guilty: Preserves all constitutional rights and moves the case into the pretrial motion and discovery phase.
  • Guilty: Admits to the offense and waives trial rights, sending the case directly to sentencing.
  • Nolo Contendere (No Contest): Accepts punishment without formally admitting civil or criminal liability, subject to judicial consent.

4. Motions Hearings

After your arraignment, the case moves into the exchange of evidence. Your Marietta criminal defense lawyer and the district attorney’s office will file requests to the court through documents known as motions.

For instance, your attorney can use motions to request the exclusion of evidence or reduce bail. While not all motions require a formal hearing, the judge may require you to appear.

Common Pretrial Motions Filed in Defense Proceedings

Strategic pretrial litigation allows defense counsel to challenge unconstitutional searches, exclude involuntary statements, and enforce statutory discovery rights under O.C.G.A. § 17-16-1 et seq.

5. Calendar Call Hearing

A calendar call hearing is one that you and your lawyer will attend. It is an opportunity for both sides to update the court regarding case progress while asking the judge lingering questions.

If the case is ready for trial, the judge will set it at calendar call. Otherwise, the exchange of evidence, known as discovery, will continue.

6. Plea Hearings

Plea negotiations are generally part of criminal proceedings. After discussing the facts of the case, your case may result in a negotiated or non-negotiated plea agreement.

Negotiated plea agreements occur when you and the state’s attorney agree to a specific plea and punishment. A non-negotiated plea agreement occurs if you want to admit guilt, but do not agree to the punishment.

In either case, a judge must approve or reject the plea agreement according to his or her best discretion.

7. Trial

If your case goes to trial, you elect to attend a bench trial or a jury trial. In a bench trial, the judge presiding over your case determines the outcome. A jury trial is heard before twelve peers (six if only charged with a misdemeanor) who will determine your innocence or guilt.

Proving Guilt Beyond a Reasonable Doubt

It’s important to understand that in both bench and jury trials in Cobb County and across Georgia, the prosecution is ultimately responsible for meeting the burden of proof. Essentially, the prosecution must prove your guilt beyond a reasonable doubt before you can be convicted of the crime.

8. Sentencing

When a judge or jury finds a defendant guilty, then a sentence must be imposed. The judge can sentence you at trial or take more time to decide upon an appropriate penalty at a later sentencing hearing. Punishments may include fines, jail time, community service, and more.

Reach Out to a Marietta Criminal Defense Lawyer for Help

If you need tenacious legal representation to fight the charges against you, contact a Marietta criminal defense lawyer at the Miller Law Practice, LLC. Request a free consultation today by calling 404-369-0048 or sending us a message through our contact form.