Felony Narcotics Criminal Charges in Georgia

If the magistrate judge has the jurisdiction to set bail in a suspect's drug case, there are four statutory factors the judge must consider when deciding whether or not to set bail and the amount of bail.

These four statutory factors include:

• The defendant does not pose a significant risk of fleeing from the court's jurisdiction or failing to appear before the court when required;

• The defendant does not pose a significant danger or threat to anyone, to the community, or to anyone's property;

• The defendant doesn't pose a substantial risk of perpetrating a felony pending trial; and

• The defendant does not pose a substantial threat of intimidating witnesses or obstructing the administration of justice.

If a defendant has been denied bail, he or she could be eligible for a reconsideration of their bail at a later stage in the defendant's criminal case. 

The preliminary hearing is also called a committal cause hearing or a probable cause hearing. This hearing is an important "pretrial" hearing where a magistrate judge reviews the prosecutor's evidence to decide if there is enough probable cause to conclude that the defendant likely committed the crime he or she is accused of. Should the magistrate judge conclude that a crime was likely committed, and, the defendant likely committed the crime or was party to the crime, the defendant's criminal case would be sent to a higher criminal justice court for further proceedings. At the preliminary hearing, the defendant does not enter in a plea of guilt or innocence. However, if the defendant has retained an experienced drug crime defense attorney, in that case, his or her defense lawyer could successfully argue that the prosecution's probable cause has not been established and plead to have the defendant's drug charges dismissed. In Georgia, defendants released on bail are not entitled to a preliminary hearing. 

After the defendant has been formally charged with a crime in Georgia, the defendant will then be presented with an "indictment," an "accusation," or an "information." These are designations for the formal criminal charging process and the accompanying legal documentation.

An indictment, otherwise known as a "true bill," is a charging document issued by a grand jury composed of between 16-23 citizens of the county where the crime(s) allegedly occurred.

"Informations" and "Accusations" are legal documents created by the prosecuting attorney without the need for a grand jury process.

Grand jury proceedings are made available to the prosecuting attorneys, their witnesses, and the grand jurors. The defendant and their defense team are not allowed to attend the grand jury proceeding but in certain circumstances where a law enforcement officer is named the defendant. According to Georgia Criminal Code, Georgia only requires grand jury indictments in criminal cases where the defendant faces the death sentence as a possible punishment if found guilty. "Accusations" and "Informations" are typically used for lesser, non-capital crimes.

Entering a Plea at an Arraignment Before a Georgia Court

At the "arraignment hearing," the defendant will appear before the criminal justice trial court. He or she will be advised of the criminal charges filed against them, and the judge will ask the defendant to enter a plea of "guilty" or "not guilty" to the charges read to the defendant. If the defendant does not enter a plea, the court will automatically enter a plea of "not guilty" for the defendant. After the defendant has been "arraigned" and he or she has pleaded "not guilty," the court will schedule a trial date. In many jurisdictions, the defendant can submit a "waiver of arraignment" to the prosecutor and the clerk of court to save a court appearance. The "waiver of arraignment" must include a plea and be submitted by your criminal defense attorney.

The Discovery Phase in a Georgia Criminal Drug Case

The "discovery phase" is the stage in which the prosecution and the defense exchange and review all of the evidence. Typically, this includes scientific evidence (e.g., fingerprints, drug analysis, etc.), a list of witnesses and their statements, tangible evidence (such as cash, cellphones, drugs, etc.), police reports, and the "indictment" or "accusation."

At this time, the criminal defense might be required to give the prosecution notice of any alibis and information concerning any witnesses who will testify at trial. This stage is conducted well in advance of the criminal trial. This process helps the prosecution and the defense to determine the strengths and weaknesses of their cases. In many cases, the two sides will engage in plea negotiations, work out a deal, argue for a dismissal, and prepare for the criminal trial.

Motion Hearings in Criminal Drug Trials in Georgia

Legal documents that are submitted by a lawyer or by the defendant to the court are called "Motions". Motions are used to petition for bail, ask for a decrease in the amount of bail ordered, compel discovery, dismiss charges, reset a court date, exclude illegally obtained or prejudicial evidence from the trial, and make many other formal requests. Should a defendant's attorney file a motion in the criminal case, the defense will be given a hearing date to present the argument in support of the defense's motion. That hearing is called a "motion hearing." The judge may rule on a motion without setting a formal motion hearing in some circumstances. 

The most complicated stage of a criminal case is the trial. There are two different kinds of criminal trials, "Jury Trials" and "Bench Trials."

Criminal Jury Trials in Georgia

In the state of Georgia, criminal defendants have the legal right to a jury trial of their peers in all misdemeanor and felony criminal charges. However, a defendant is required to request (demand) a trial by jury to receive one in most cases. Typically, the request for a jury trial is submitted at the arraignment hearing or by submitting a written motion. Georgia is unique in that the prosecuting attorneys also have a right to demand a trial by jury. Should either the defense or the prosecution make a demand for a jury trial, it will likely be granted.

Criminal Bench Trials in Georgia

Any trial that is held without a jury is known as a "bench" trial. A bench trial is presided over and ruled on by a judge. The judge hears the case and then makes a ruling as to whether the defendant is guilty or not guilty of the criminal charges. Bench trials can be helpful when the law is on the defendant's side, and the defendant does not believe a jury would be on their side. For example, if the drug offense included harming children. That one detail could make a jury trial less beneficial to the defendant. Moreover, familiarity with the judge might be a benefit to try a drug case without a jury. 

Calendar Call in Georgia Criminal Trials

The defendant and their attorney will be directed to attend a "calendar call." A calendar call is a short appearance before the criminal justice court, and the attorneys announce whether or not their side is ready for trial. If the attorneys are ready for trial, the judge will set the specific date for trial.

Voir Dire in Criminal Trials in the State of Georgia

Voir dire opens up the trial. Voir dire (also known as "jury selection" involves the prosecution and the defense taking turns each asking potential jurors questions and eliminating or "striking" jurors they do not want on the jury. A potential juror is removed from the jury pool for two reasons. The lawyers can remove potential jurors as long as there is a legal or valid factual reason. Disqualifying a juror or to "strike for cause" a potential juror because legal reasons such as the juror are law enforcement and have disabilities, making it difficult to serve on a jury, such as hearing or language difficulties. The other way to eliminate a potential juror is referred to as a "peremptory challenge." Peremptory challenges may be made without cause but cannot be used in a sort of prejudicial way, such as religious, gender, or racial basis.

Opening Statements in a Georgia Criminal Trial 

Opening statements allow the prosecution and the defense to summarize their evidence and to explain the course of events from their perspectives. Usually, the prosecutor goes first, and the defense attorney follows. Each attorney may waive or reserve their opening statement. Opening statements are considered one of the most crucial elements in the trial and significantly impact the result of criminal cases. 

The Presentation of Evidence in a Georgia Criminal Trial 

The prosecution then presents its evidence against the defendant. The evidence might include:

• Examination of witnesses.
• The introduction of scientific evidence.
• Physical evidence.
• Any other items that are intended to prove that the defendant committed the alleged crime.

The defense then questions (cross-examine) the witnesses called by the prosecution and vice versa. Once the prosecuting attorneys have rested their case, the defendant presents his/her own evidence to show that they are not guilty of the alleged crimes. The prosecution bears the burden of proof in a criminal trial. This means that the defendant does not have to present any evidence and could be found not guilty should the prosecution's case not prove beyond a reasonable doubt that the defendant is guilty of the crime(s) the defendant has been accused.

Closing Arguments in a Criminal Trial

Closing arguments are often the most dramatic portion of a criminal trial. Closing arguments usually include an overview of the evidence presented, an explanation about how the jury should understand the evidence, and pleas that the jury or judge should find in favor of the prosecution or the defense. The court then explains to the jury that the opening statements and the closing arguments are not part of the trial's evidence.

Jury Deliberations in Georgia Criminal Trials

The criminal justice judge will then read the jury a set of jury instructions concerning the applicable law and then ask the jury to retreat to the deliberation room and decide whether the defendant is guilty or not guilty. The jury will begin the deliberation process by selecting a jury foreperson. The jury foreperson guides the deliberation, communicates with the court, and ultimately delivers the verdict to the court. A criminal trial conviction requires a unanimous vote. The deliberation process lasts a few minutes to several days, depending on the complexity of the criminal case. If the jury does not reach a unanimous decision, then a "hung jury" has occurred. The criminal case will be announced a mistrial, and the case could be tried again.

The Sentencing Phase of a Georgia Criminal Trial

If the defendant is found "not guilty," the judge will release the defendant. However, if the defendant has been found "guilt," the judge will review the sentencing guidelines and impose the punishments. The judge may impose the sentencing immediately or take additional time to determine the appropriate penalties. In some criminal cases, presentence investigations may be performed, and the defense attorney will present mitigating evidence to persuade the judge to hand down a more lenient sentence. Likewise, the prosecuting attorney is allowed to show evidence and argue for increased punishment. Drug crimes are punished according to Georgia's criminal statutes and could include prison or jail time, fines, probation, restitution, community service, banishment, and even death is a capital offense.