Court Process and Terminology

The typical timeline for all misdemeanor cases and traffic offenses in the State Court of Habersham County:

  • Criminal/traffic offense occurs
  • Warrant/citation is issued and served
  • The arrest is made (in some situations)
  • Bond/bail is set
  • Solicitor General's Office receives the warrant/citation and all related materials.
  • The investigation is conducted to determine if charges need to be filed
  • If there is sufficient cause to do so, a formal accusation is filed with the Court
  • Arraignment is held
  • Trial is held
  • The sThe Court imposes sentence

Terms Commonly Used in the Court Process

  • Warrant: An arrest order issued by a Judge after a law enforcement officer or victim has shown probable cause.
  • Bail/Bond: Judges set bail for misdemeanor charges that allow for the defendant's release. Bond conditions may be ordered to limit or deny contact between the defendant and a victim.
  • Arraignment: This hearing is for the defendant to be advised of the charges against them and be allowed an opportunity to plead guilty or not guilty. If the defendant pleads guilty, the Judge will usually sentence the defendant on that day. The case will be scheduled for trial if the defendant argues not guilty.
  • Trial: Bench trial, the case is tried before the Judge only; jury trial, the issue is presented before the Judge and a jury of six people.
  • Subpoena: A court document that requires your presence in Court. If you receive an on-call letter with your summons, you must respond to the Solicitor General's Office and let them know how you can be reached at all times during the week of trial. On-call is for the witness or victim's convenience. If the subpoena requires that you be in Court, you must report to the courtroom listed on the day and time specified.

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