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Criminal Division
The criminal division handles matters such as search and arrest warrants, warrant applications, first appearance hearings, preliminary hearings, child abandonment warrant applications, and deposit account fraud. Crimes are divided into two main classes – either felony or misdemeanor.
A misdemeanor is an offense for which the Defendant may be sentenced to a term of imprisonment not more than one year may be imposed. Examples of misdemeanor crimes include:
- Battery
- Criminal Trespass
- Family Violence Battery
- Giving a False Name or Date of Birth to a Law Enforcement Officer Engaged in a Lawful Investigation
- Harassing Phone Calls
- Possession of 1 ounce or less of marijuana
- Simple Battery
- Theft of Property valued at $1,500 or less
A felony is an offense for which you can go to jail for more than 12 months and/or be fined. A felony may be punishable by death or imprisonment. Examples of felony crimes include:
- Aggravated Assault
- Armed Robbery
- Child Molestation
- Forgery - 1st through 3rd degree
- Murder
- Property Damage exceeding $500 in value
- Rape
- Theft of Property valued at more than $1,500
- Violation of the Georgia Controlled Substances Act (drug charges other than possession of 1 ounce or less of marijuana)
As a general rule, criminal cases are prosecuted where the crime occurred. For felony offenses, it would be the county where the offense occurred. Felony offenses may originate as an arrest warrant in magistrate court, but the trial of these cases is conducted in Superior Court and prosecuted by the District Attorney.
Misdemeanor offenses are also tried in the county where the offense occurred. Many of these offenses, other than traffic citations, may originate as an arrest warrant in Magistrate Court, but the trial of these cases is conducted in State Court by the Solicitor General.
Some misdemeanor offenses, such as deposit account fraud, theft by shoplifting (misdemeanor), VGCSA possession of marijuana less than one ounce, minor in possession of alcohol, may also be tried in Magistrate Court or Municipal Court, if the offense occurred within the jurisdictional boundary of a municipality. These offenses may originate as either a warrant or citation.
- I am the victim, and I am indigent, will the court appoint an attorney to represent me?
- Does the accused have any additional rights since this is a criminal case?
- Do Affidavits of Indigency apply to criminal cases?
- What is a warrant application hearing?
- How can I apply for a criminal arrest warrant for an individual's arrest?
- Can I just bring the police report to show what happened?
- Can I just get the witness to sign an affidavit instead of coming to court?
- Which witnesses should I bring to the warrant application hearing?
- I am the victim. Can I call the accused to the witness stand to testify in the warrant application hearing?
- What rules and rights apply to the warrant applicant and the accused at a warrant application hearing?
- I am the accused. Can I apply for appointed counsel at this hearing?
- What if I do not know the correct address for the accused in a warrant application hearing?
- How can I find the correct address for the accused?
- I am the victim. Can I bring my own attorney to the warrant application hearing?
- What rules and rights apply to the warrant applicant and the accused at a warrant application hearing?
Information, Not Legal Advice
The forms and information available on this website are not intended as legal advice and should not be considered as such. They are provided for reference. The content and format may require modification to suit the specific facts of your case. To ensure proper use of any of these forms, consult a licensed attorney.
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