Gregory McMillan & Associates gmageorgia.com

1. CRIMINAL
DEFENSE
PROCESS
BY ISAIAH GREGORY

2. ARRAIGNMENT
• Arraignment is the start of the formal prosecution of someone's case. It is also called an
initial hearing or initial appearance. It is a very important part of the criminal process.

3. ARREST
• A person can be arrested with a warrant or without one. Being arrested is a scary situation
for everyone. However, it is important to remember that you have rights throughout the
entire process.

4. BENCH TRIAL
• A bench trial is when the judge hears and decides the case. The other option is a jury trial
where jurors decide whether the accused is innocent or guilty. The decision to have a
bench trial should not be taken lightly. It is a decision that you should discuss with
a Georgia Criminal Lawyer.

5. BENCH WARRANT
• A bench warrant is a warrant issued by the judge after a person fails to appear from court.
Bench warrants differ from arrest warrants. Generally, bench warrants do not come with the
police knocking on your door. Instead, your name goes into a computer system and if you
are ever stopped by the police, you will be taken into custody for the outstanding bench
warrant.

6. BOND
• Bond refers to the percentage a professional bondsman requires in order to post the
remainder of the money for the defendant to be released. There are different types of
bonds: a surety bond, cash bond, or property bond.

7. CALENDAR CALL
• Calendar call is a court appearance where the parties inform the judge of the status of the
case. It includes what the estimated length of trial will be, whether an agreement has been
reached, or the number of witnesses that may be called. The purpose of the calendar call is
to help move cases along.

8. COMMITAL HEARING
• Similar to preliminary hearing, committal hearings are held to determine if someone can be
held in jail either pending bond or without bond in serious cases. They are essentially mini-
trials. The judge will determine whether there is probable cause that the accused is guilty of
the charged crimes.

9. DEMAND FOR SPEEDY TRIAL
• The Sixth Amendment of the Constitution and Georgia law both outline a defendant's right
to a speedy trial. Filing a demand for a speedy trial can be an effective tool but must only
be done after careful consideration of all the factors. Sometimes it is in the accused's best
interest to wait for the trial instead of trying to get one as quickly as possible.

10. DISCOVERY MOTIONS
• Discovery is a procedure where the parties obtain evidence from the other parties. It is
used in both civil and criminal cases. For criminal cases, the evidence requested can
include: police call logs, witness statements, medical records, and photographs of the crime
scenes.

11. GRAND JURY INDICTMENT
• An indictment is a formal charge or accusation of a serious crime. Georgia reserves grand
jury indictments for capital offenses. The grand jury decides whether there is enough
evidence to allow the defendant to be criminal prosecuted.

12. JURY TRIAL
• Citizens have the right to request a jury trial under the 7th Amendment to the United States
Constitution. A jury trial occurs when the accused has their case decided by a jury.

13. MOTION FOR NEW TRIAL
• A motion for new trial can be filed by either the plaintiff or the defendant. The motion must
be filed within twenty-eight days of the conviction and sentencing. Requesting a new trial is
a decision that should be carefully considered.

14. MOTION IN LIMINE
• A motion in limine is a motion where one side attempts to prevent the other side from using
certain evidence. While most motions must be filed at a certain time or else you waive that
motion, motions in limine can be done at any time. If the motion is granted, then the
evidence cannot be presented in court.

15. MOTION TO SUPRESS
• Motions to suppress request that the judge exclude certain evidence from trial. It is a
motion presented by the defendant. Motions to suppress are filed before a trial.

16. PLEA BARGAINS
• There are many ways for a case to be resolved. Plea bargains are a common way of
reaching a conclusion in criminal cases. A plea bargain is a settlement between the parties
in a criminal case.

17. PRELIMINARY HEARING
• In criminal cases, there are multiple court appearances. The first appearance is known as a
preliminary hearing. They are sometimes referred to as a trial before a trial. A preliminary
hearing is when the judge decides whether there is enough evidence to force the defendant
to stand trial.

18. PRETRIAL CONFERENCE
• A pretrial conference is a meeting of the parties before trial. There are many reasons why a
party may request a pretrial conference. One reason is to simplify the issues and improve
the quality of the trial.

19. WARRANT APPLICATION HEARING
• There are multiple types of warrants: arrest warrants, bench warrants, and search warrants.
Citizens are able to request a warrant for a person. A warrant application hearing is when a
citizen wants to have someone arrested for a misdemeanor.