FAQs: Frequently Asked Questions

To apply for a court appointed attorney contact Indigent Defense at (770) 531-7087.

Record restriction means that eligible records on your official criminal history report are restricted from public view and are only accessible to law enforcement for criminal justice purposes.  To apply for a record restriction, you must obtain a certified copy of your disposition from the Hall County Clerk of Court located in the Hall County Courthouse.  Determine the arresting agency, and proceed to that agency (Gainesville Police Department, Hall County Sheriff’s Office, Oakwood Police Department, etc.).  At the arresting agency, you will complete a record restriction packet, submit your disposition paperwork, and pay a required fee.  The District Attorney will approve or deny the request based only on statutory eligibility, and is generally not in the discretion of the District Attorney.  The arresting agency will notify you in writing with the results of your request. For information regarding record restriction in Dawson County, please contact the Dawson County Clerk of Courts Office at (706) 344-3510.

Sometimes victims of crime ask us about “dropping charges.”  Since the charges in a criminal case are brought by the State of Georgia, individual victims cannot make the decision to “drop charges.”  However, the District Attorney’s Office always values and considers input from victims, and victims are always encouraged to communicate with our office as to their thoughts and desires on cases that involve them.

No, contact your attorney if you have questions about upcoming court dates.

A First Appearance is a defendant’s first time to see a Judge about their arrest.  If a defendant is arrested on charges and does not have a bond set at arrest and is still in the jail the next day after arrest, he will see a Judge and be advised of what his charges are and will be advised as to bond criteria.  This is usually done via video-conferencing in Hall and Dawson Counties.

A Committal Hearing is a defendant’s chance to contest the charges and have a Judge decide if there is probable cause to send the charges to Superior Court and the District Attorney’s Office for continued prosecution.  The Defendant can waive this hearing, in which case the charges are sent to the District Attorney for prosecution.  If a defendant wants to enter a guilty plea or negotiate a faster resolution of pending charges, they must be sent to the District Attorney’s Office first, so waiving the hearing can provide for a quicker resolution.  If a defendant wants this hearing, there is a chance the charges might be dismissed, although the State can present an indictment to the Grand Jury and re-arrest a defendant if the Grand Jury indicts the case even if it is dismissed at a committal.

An Arraignment is the defendant’ first court date in Superior Court.  It is the first time a defendant is called on to enter a plea in front of the Judge who is assigned the case for trial.  A defendant can plead guilty or not guilty.  If the defendant pleads not guilty, he or she can always change that plea to a guilty plea at a later date.  The law sets out certain time lines for filing Motions in a case that are also triggered once a defendant has been arraigned.

A Calendar Call is a court date when every pending case in front of a Judge is called in to announce as to whether that defendant wants a jury trial.  At the Calendar Call, the Judge will decide when the trial date is for each case on the pending case list.