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What is an arraignment and what happens after?

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If you have been charged with a crime in Georgia, you will likely receive a court date in the mail, informing you that your case has been scheduled for an arraignment. An arraignment is an opportunity to have your charges read aloud in open Court, and for you to enter a plea of guilty, not guilty, or nolo. If your case is in Dekalb, Cobb, Fulton, Douglas, Clayton, or another State Court, then you are able to waive this arraignment by filing a waiver of arraignment with the Court. Many attorneys typically waive arraignment on behalf of their clients as a matter of course. This is because State Court arraignments are typically formalities, and not really necessary if you have retained an attorney (you are pleading not guilty! That’s why you hired an attorney!).

If your case is located in Municipal Court, your court dates will likely all say “arraignment.” This is because many Municipal Courts hold arraignment calendars every day. Arraignment in Municipal Court, unlike in State Courts, cannot be waived, even if it is your first court date. If this is the case, you must be present at your first court date.

Some time after your arraignment date, if you or your attorney has filed a motion requesting discovery, the Prosecutor will send discovery. Discovery is the evidence that the prosecutor has which they plan on using in your case. If it has been several weeks since your arraignment and you have not received discovery after you have requested it, you should reach out to an attorney or to the Court to tell them that you have not received it.

The criminal legal process can be confusing and scary. You are not alone. We have an experienced team of attorneys who can guide you through the process from arraignment through trial. Reach out to our office today for a free consultation. Call us at 404-581-0999. Written by Attorney Katherine Edmonds.

Why Am I Pleading Guilty If I Am Going Into Diversion?

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When you are preparing to enter a plea, you may feel unsure about what your options are. If you have ever been to Court to pay a traffic ticket, you have likely heard of the three main pleas: guilty, not guilty, or nolo (or nolo contendre). But, depending on the status of your case, you may have another option of which you were not aware. In cases which are diversion-eligible, you may have the option to enter a Stinson plea. A Stinson plea is a guilty plea which is entered by the defendant, but may be withdrawn once certain special conditions are satisfied. This kind of plea came from the Georgia Supreme Court case, The State v. Stinson. In this case, the Court held that Georgia law allows a person to withdraw a guilty plea and plead not guilty “at any time before judgment is pronounced.”

This kind of plea can look very different from one case to another. For example, if you were charged with family violence battery, you may be able to enter your Stinson guilty plea, complete a Family Violence Intervention Program, complete an Anger Management Evaluation and any recommended treatment, and avoid drugs and/or alcohol for a period of time. If you were accused of misdemeanor marijuana possession, you may have to complete a drug and alcohol evaluation and participate in random drug screens. In both cases, Once you completed the terms of your “probation,” you would be able to withdraw your plea and the State will dismiss the charges. Once you complete the conditions and the charges are dismissed, your record will show that you were not prosecuted for the charges.

If you have been charged with a crime, it is important to understand your options. We want to make sure you are educated and empowered throughout the criminal justice process. Give us a call at 404-581-0999. Written by Attorney Katherine A. Edmonds.