FREQUENTLY ASKED QUESTIONS

What does the District Attorney's Office do?

The Office of the District Attorney prosecutes all felony criminal activity occurring in Bryan, Evans, Liberty, Long, McIntosh, and Tattnall counties in the Atlantic Judicial Circuit.

I think a crime has been committed. How do I bring charges?

You must first contact a law enforcement agency in your area to report the crime.  They will direct you on how to proceed.

Can charges be dismissed?

Charges are pursued, amended or dismissed at the discretion of the District Attorney's Office on behalf of the State of Georgia based on the facts and circumstances of a case, not by individual request.  Please call the local office of the District Attorney to schedule an appointment.

What is the difference between a felony and a misdemeanor?

A misdemeanor is a crime that is punishable by a period of up to one year. A felony is a more serious crime that is punishable by a period of imprisonment longer than a year.

What is a subpoena?

A subpoena is a legal document that orders a person to appear in court or provide specific documents as evidence. It can be issued in both civil and criminal cases and is typically requested by attorneys or government agencies.

There are two main types:

• Subpoena ad testificandum: Requires a person to testify in court.
• Subpoena duces tecum: Orders someone to produce documents or other evidence.

Ignoring a subpoena can result in legal penalties, including fines or contempt of court charges.

Can I speak to an Assistant District Attorney before my court appearance?

Yes, but you will need to contact the office of the District Attorney to schedule an appointment.

***If you are a defendant and have an attorney, the District Attorney’s Office cannot communicate with you directly outside the presence of your attorney.***

Please make arrangements with your attorney to speak with the District Attorney’s Office.

What is the purpose of a Grand Jury in criminal cases?

The Grand Jury is comprised of local citizens selected randomly from the county.  The Grand Jury is tasked with determining if there is sufficient evidence under the law to proceed with an indictment in a criminal matter. The District Attorney’s Office will present the evidence before a Grand Jury through witnesses, usually the officer who investigated the case from a local law enforcement agency, such as the sheriff’s office or a municipal police department, and other witnesses determined to be critical to the case. In these cases, the ultimate decision as to whether the case goes forward is determined solely by the Grand Jury.

What happens at arraignment?

An arraignment is a public hearing in which a defendant is formally notified of the charges against them. Generally, the defendant enters a plea of not guilty and is given ten days to file any motions.

How do I find out when my case is set to go to trial?

If you are a victim, you will be notified by a victim advocate in the District Attorney’s Office.  If you are a defendant, the Clerk of Superior Court will mail notification to the address they have for you.  If you have an attorney, the Clerk of Court will also notify your attorney.

Why does it take so long for some cases to go to trial?

Justice is the goal, but the process can take time. Several factors contribute to delays in getting a case to trial, including:

• Investigation Time: Gathering evidence, interviewing witnesses, and conducting forensic analysis can take months, especially in complex cases.
• Pre-Trial Motions: Attorneys may file motions to suppress evidence, dismiss charges, or request additional time to prepare.
• Court Scheduling: Courts handle multiple cases at once, and limited resources mean some trials get pushed back.
• Witness Availability: Key witnesses may be unavailable due to personal conflicts, health issues, or travel restrictions.
• Legal Strategy: Defense attorneys may request delays to build a stronger case or negotiate plea deals.
• Psychiatric Evaluations: If a defendant's mental competency is in question, evaluations can extend the timeline.

While delays can be frustrating, they often ensure a fair trial by allowing both sides to prepare thoroughly.

Why do some defendants get sentenced to prison and others get probation?

The decision between prison and probation depends on several factors, including the severity of the crime, the defendant's criminal history, and judicial discretion. Here are some key reasons why sentences vary:

• Nature of the Crime: Serious offenses like violent crimes or repeat felonies often result in prison time, while lesser offenses may lead to probation.
• Criminal History: First-time offenders or those with minimal criminal records are more likely to receive probation.
• Plea Agreements: Defendants who plead guilty may negotiate for probation instead of incarceration.
• Judicial Discretion: Judges consider factors like remorse, rehabilitation potential, and community safety when determining sentences.
• State Laws & Sentencing Guidelines: Some crimes have mandatory prison sentences, while others allow for probation as an alternative.
• Probation Conditions: Probation often comes with strict requirements, such as community service, drug testing, or counseling. Violating probation can lead to imprisonment.

How does the district attorney decide whether a case should be prosecuted?

The District Attorney (DA) plays a crucial role in deciding whether a case should move forward. Here’s a breakdown of the key factors they consider:

• Evidence Strength: The DA reviews police reports, witness statements, forensic results, and other materials to determine if there’s enough evidence to prove guilt beyond a reasonable doubt.
• Legal Standards: They assess whether the case meets the legal requirements for prosecution under state and federal laws.
• Credibility of Witnesses: If key witnesses are unreliable or unwilling to testify, it can weaken the case.
• Public Interest & Justice: Some cases may not be prosecuted if doing so wouldn’t serve justice or the community’s best interests.
• Resources & Priorities: Prosecutors must allocate resources wisely, focusing on cases with strong evidence and significant impact.
• Alternative Resolutions: In some situations, diversion programs, plea deals, or civil remedies may be more appropriate than criminal prosecution.

If a case lacks sufficient evidence or doesn’t meet legal standards, the DA may decline to prosecute.