The Victim Witness Unit relies heavily upon assistance from community volunteers to provide services to victims of crime. Volunteer responsibilities vary from courtroom advocacy to responding to incoming calls, depending on the ability, time commitment, and devotion of each volunteer.

No one expects to be the victim of or a witness to a crime – but it does happen. Every year many citizens of this county are victimized by crimes. If you or someone you know is affected by crime, you may be shocked, angered, or shamed. You will most probably feel helpless and confused.

The Victim Witness Unit was established to offer victims and witnesses emotional support during the aftermath of crime and guidance through the maze of the criminal justice system.

The knowledge of a victim or witness about a criminal case is extremely important. No crime can be solved without the help of victims and witnesses. By citizens willingness to be involved in the criminal justice system, you work with other citizens, the police, prosecutors, and the courts to reduce crime in our community.

Most importantly, the cooperation and assistance of victims and witnesses not only in reporting crime, but also with participating in the criminal justice system, you could prevent others from being victimized.

The Criminal Justice System can often be time consuming and confusing. The following brief description is provided as a limited tool to explain the general progression of a criminal case. Please note that the process is often different in other jurisdictions and other courts depending on the charges involved:

Criminal act occurs and is reported

Warrant Issued – taken out by law enforcement or victim;

Arrest

Bail / Bond – Bail/bond is set for all misdemeanor cases except when the defendant is currently on probation or parole; in those cases, a bond may be set or the defendant may remain in custody on a hold. If a bond is set, the defendant may get out of jail, but is required to attend all future court proceedings. A defendant who cannot post bond or whose bond has not yet been set must remain in jail until he/she appears before a Superior Court Judge for further bond considerations. Every defendant charged with a criminal act is considered innocent until proven guilty and therefore entitled to a bond except under special circumstances. A judge has final decision about bond matters and can deny or grant a defendant a bond at any time.

First Appearance Hearing - a hearing held in Magistrate Court within 72 hours of arrests for defendants unable to make bond or where no bond has been set. The charges are read and the defendants rights are explained.

Probable Cause Hearing – A hearing held in Magistrate Court to determine if there is probable cause to believe that the defendant committed the crime. You will be notified if you are required to appear and/or testify.

Grand Jury / Accusation – Felony cases can either be presented to the Grand Jury or have an Accusation filed, depending on the nature of the charges. The Grand Jury is a panel of citizens who review the facts of the case to determine if the case should be bound over for trial. If the Grand Jury determines the case meets the requirements to continue with prosecution, the case will be indicted, also referred to as true billed, and future court dates will be set. If the Grand Jury does not consider the case worthy of continued prosecution, they will return a no bill on the case and the prosecution of the case will be terminated. Under Georgia Law, some charges are not required to be considered by the Grand Jury. With theses cases, an accusation is filed, formerly charging the defendant with the crime, and the case is scheduled for future court dates.

Arraignment – At this proceeding, the defendant is informed of the formal charges against him/her and either pleads guilty, or not guilty. If the defendant pleads guilty, the Court may sentence him/her on that date. If the defendant pleads not guilty, the case will be scheduled for trial on a future date.

Motions Hearings – Motions may be filed by the defendant or the State. The Court hears the motions and decides whether certain evidence will be admissible at trial. You will be notified if you are needed to testify.

Trial – The trial may be a jury trial, before a panel of twelve jurors or a non-jury trial, which is held before a judge. If the defendant is found guilty, he/she is sentenced by the Court. Testimony of victims and witnesses is extremely important in a trial.

Sentencing – The Court has final discretion regarding sentencing matters. The victim always has the right to address the Court, either verbally or by letter, with his/her feelings about sentencing.