If you are facing felony charges in Savannah or elsewhere in Chatham County, your case may eventually proceed through Chatham County Superior Court. For someone who has never been involved in the criminal justice system, appearing in Superior Court can be intimidating. You may have questions about why your case is there, what will happen at your next court date, and how the case could ultimately be resolved.
Understanding the process can make it easier to prepare for what lies ahead.
Chatham County Superior Court handles serious criminal matters, and the outcome of a felony case can affect your freedom, employment, finances, and future. Having an experienced criminal defense attorney involved early can also help ensure that your rights are protected throughout the proceedings.
What Types of Criminal Cases Go to Chatham County Superior Court?
Georgia’s court system contains different courts with different areas of jurisdiction. Superior Courts have jurisdiction over felony criminal cases.
As a result, serious charges arising in Savannah and Chatham County may ultimately be handled in Superior Court.
These cases can include allegations involving:
- Aggravated assault
- Armed robbery
- Drug trafficking
- Homicide
- RICO offenses
- Gang-related crimes
- Serious sex offenses
- Certain white collar crimes
- Other felony offenses
A defendant may encounter other courts earlier in the process, particularly following an arrest. A felony case can later move into Superior Court as the prosecution progresses.
How Does a Criminal Case Reach Superior Court?
A felony case does not necessarily begin with a Superior Court trial.
The process often begins with an arrest or the issuance of a warrant. After an arrest, the accused may go through booking and appear before a judicial officer.
Depending on the circumstances, early stages can involve issues such as bond and a preliminary hearing.
For felony charges prosecuted by indictment, a grand jury may consider whether probable cause exists to formally charge the accused. An indictment is not a finding of guilt. It is a formal accusation that allows the prosecution to proceed with the charges.
Once the case is pending in Superior Court, additional stages may include arraignment, discovery, pretrial motions, plea negotiations, and potentially a jury trial.
What Happens at Arraignment?
Arraignment is an important stage of a felony criminal case.
At arraignment, the defendant is formally called upon to respond to the charges. Depending on the circumstances and advice of counsel, a plea may be entered.
Common pleas include:
- Guilty
- Not guilty
- In some circumstances, other legally recognized pleas
A not-guilty plea generally allows the case to proceed through the pretrial process.
Defendants should discuss arraignment and available options with their attorney rather than assuming that a particular plea or strategy is appropriate for every case.
What Is Discovery?
After charges are filed, both sides prepare for the case.
An important part of that preparation involves discovery, which generally refers to the exchange or disclosure of information and evidence relevant to the prosecution.
Depending on the case, evidence may include:
- Police reports
- Body-camera footage
- Surveillance recordings
- Witness statements
- Photographs
- Laboratory reports
- Forensic evidence
- Digital evidence
- Recorded interviews
- Expert reports
Reviewing discovery allows a defense attorney to understand the prosecution’s allegations and evaluate the evidence supporting them.
It can also reveal inconsistencies, evidentiary problems, or constitutional issues that may become important later.
Can Evidence Be Challenged Before Trial?
Yes.
Not every piece of evidence obtained by law enforcement is automatically admissible at trial.
A defense attorney may file pretrial motions asking the court to address legal issues before the case reaches a jury.
One important example is a motion to suppress.
A motion to suppress may challenge evidence obtained through an allegedly unconstitutional search, seizure, interrogation, or other law-enforcement action.
For example, issues may arise concerning:
- Vehicle searches
- Searches of homes
- Search warrants
- Traffic stops
- Statements made during police questioning
- Seizure of electronic devices
If the court determines that evidence was obtained in violation of a defendant’s constitutional rights, that evidence may potentially be excluded.
What Happens During Pretrial Hearings?
Before trial, the judge may hold hearings addressing legal and procedural issues.
The matters considered depend on the particular case but may involve:
- Motions to suppress evidence
- Evidentiary disputes
- Discovery issues
- Statements made to law enforcement
- Expert testimony
- Other pretrial motions
Some hearings may significantly affect how the prosecution or defense approaches the remainder of the case.
A successful motion, for example, can affect what evidence prosecutors are permitted to present at trial.
Can a Chatham County Criminal Case Be Resolved Without a Trial?
Yes. Not every criminal case proceeds to a jury trial.
Depending on the facts, evidence, charges, and decisions of the parties, a case may be resolved in different ways.
Possibilities can include dismissal, negotiated resolutions, guilty pleas, or trial.
Plea negotiations may involve discussions about charges, sentencing recommendations, or other terms. Whether accepting a negotiated resolution is appropriate depends on the individual circumstances.
A defendant should understand both the immediate and long-term consequences before making that decision.
What Happens If the Case Goes to Trial?
If a felony case cannot otherwise be resolved, it may proceed to a jury trial in Chatham County Superior Court.
A criminal jury trial generally involves several stages.
Jury Selection
The process begins with selecting an impartial jury.
Prospective jurors may be questioned about their experiences, opinions, relationships, and potential biases. This process is known as voir dire.
Both the prosecution and defense participate in jury selection according to Georgia law and court procedures.
Opening Statements
Once the jury is selected, each side may present an opening statement outlining what it expects the evidence to show.
Opening statements are not evidence.
The Prosecution Presents Its Case
Because the State carries the burden of proof, prosecutors present their evidence and witnesses.
Defense counsel has an opportunity to cross-examine prosecution witnesses and challenge the evidence.
The Defense
The defense may present evidence or witnesses when appropriate.
A defendant also has constitutional protections concerning whether to testify. The decision about testifying should be carefully discussed with defense counsel.
Closing Arguments
After the evidence has been presented, attorneys make closing arguments explaining how they believe the jury should evaluate the evidence.
Jury Deliberations
The judge instructs the jury on the applicable law, and jurors deliberate privately.
In a criminal case, the prosecution bears the burden of proving guilt beyond a reasonable doubt.
What Happens If a Defendant Is Convicted?
If a defendant is convicted or enters a guilty plea, sentencing follows.
The potential sentence depends heavily on the offense and circumstances.
Possible consequences can include:
- Incarceration
- Probation
- Fines
- Restitution
- Conditions of supervision
- Other court-ordered requirements
Georgia law may establish specific sentencing ranges or other requirements for particular offenses.
A defendant’s prior criminal record and other legally relevant circumstances may also affect sentencing.
How Long Does a Case in Chatham County Superior Court Take?
There is no single timeline that applies to every criminal case.
Some cases can be resolved relatively quickly, while complicated felony prosecutions may continue for months or longer.
Factors affecting the timeline can include:
- Number and seriousness of charges
- Volume of discovery
- Forensic testing
- Number of witnesses
- Pretrial motions
- Court scheduling
- Plea negotiations
- Complexity of the investigation
- Whether the case proceeds to trial
Serious criminal cases often require substantial preparation. A faster resolution is not necessarily a better resolution.
Do You Need an Attorney in Chatham County Superior Court?
Felony cases can carry significant consequences, making experienced legal representation especially important.
A criminal defense attorney can examine more than simply the charge listed on an indictment.
Depending on the case, an attorney may:
- Investigate the allegations
- Review discovery
- Examine police reports and recordings
- Interview or investigate witnesses
- Evaluate search warrants
- Identify constitutional issues
- File appropriate pretrial motions
- Negotiate with prosecutors
- Prepare for trial
- Cross-examine witnesses
- Present defense arguments
The appropriate defense strategy depends on the facts and evidence in the individual case.
Frequently Asked Questions About Chatham County Superior Court Criminal Cases
Does going to Superior Court mean I have been convicted?
No. Being charged or indicted does not mean you are guilty. The prosecution still bears the burden of proving the charge beyond a reasonable doubt if the case proceeds to trial.
Are all Savannah criminal cases heard in Superior Court?
No. Different courts handle different types of cases. Superior Court is particularly important for felony prosecutions, while other matters may fall within the jurisdiction of other courts.
Will my felony case definitely go to trial?
No. Many criminal cases are resolved before trial. Whether that is appropriate depends on the evidence, available defenses, negotiations, and the defendant’s decisions after receiving legal advice.
Can evidence against me be excluded?
Potentially. If evidence was obtained unlawfully or is otherwise inadmissible, defense counsel may ask the court to exclude it. Whether suppression is possible depends on the circumstances.
What should I do before appearing in Superior Court?
Follow all conditions imposed by the court, keep your attorney informed, avoid discussing your case publicly or on social media, and speak with your attorney about what to expect at the particular hearing.
Facing a Criminal Case in Chatham County Superior Court?
A felony prosecution in Chatham County Superior Court can involve complicated legal procedures and potentially life-changing consequences. From reviewing evidence and challenging unlawful searches to negotiating with prosecutors or preparing for a jury trial, decisions made before trial can be just as important as what happens inside the courtroom.
Attorney Martin G. Hilliard represents people facing serious criminal charges in Savannah, Chatham County, and throughout Georgia.
If you are facing a felony criminal case in Chatham County, contact Martin G. Hilliard to discuss your case and legal options.