What Happens After You’re Charged With a Felony in Georgia?

Being charged with a felony in Georgia can leave you with a lot of questions.

Will you be able to get out of jail? When will you go to court? What happens at arraignment? Does being charged mean your case will automatically go to trial?

A felony charge is serious, but an arrest or criminal charge is not the same as a conviction. There are several stages between an accusation and the final outcome of a criminal case, and what happens can vary depending on the charge, the evidence, and the circumstances.



Understanding the process can help you know what to expect and why the decisions made early in your case can matter.

What Is Considered a Felony in Georgia?

Georgia distinguishes felonies from misdemeanors based largely on the punishment authorized by law.

Felonies are generally crimes that may be punished by death, life imprisonment, or imprisonment for more than 12 months. The potential sentence for a particular felony depends on the specific offense and other circumstances.

Examples of charges that may be prosecuted as felonies include certain:

• Assault offenses
• Drug crimes
• Theft offenses
• Gun and weapons offenses
• Sex crimes
• Domestic violence-related offenses
• Manslaughter offenses
• Murder charges

Some crimes may be classified differently depending on factors such as the value of property involved, the defendant's prior record, the alleged victim, or the circumstances surrounding the offense.

What Happens Immediately After a Felony Arrest?

After an arrest, a person is generally taken into custody and booked.

Booking may involve recording identifying information, taking fingerprints and photographs, documenting the alleged offense, and processing the person into the detention facility.

The next steps depend on factors such as the charge, whether bond is available, and how the case was initiated.

One of the early court proceedings may be a first appearance.

What Happens at the First Appearance?

A first appearance is not a criminal trial.

According to Georgia court guidance, its purposes include informing the defendant of the charges and legal rights and addressing bond.

This is an early stage of the case. The prosecution generally does not have to prove guilt beyond a reasonable doubt at a first appearance.

Even at this early point, however, what happens can affect whether someone remains in custody while the case moves forward.

Will You Be Released on Bond?

Possibly.

Bond allows a defendant to be released from custody while the criminal case is pending, subject to conditions imposed by the court.

Whether bond is available and what conditions apply depend on several factors, which may include:

• The offense charged
• Criminal history
• Risk of failing to appear in court
• Community ties
• Public-safety concerns
• The circumstances surrounding the allegations

A court may also impose conditions on release.

For example, depending on the case, a defendant may be ordered to avoid contact with a particular person, stay away from a location, surrender weapons, or comply with other restrictions.

If you're released, take every bond condition seriously. Violating a condition could lead to additional problems or revocation of bond.

What Is a Preliminary Hearing?

A preliminary hearing—sometimes called a commitment hearing—is an early proceeding used to determine whether there is probable cause for the case to continue.

This is different from a trial.

The question isn't whether the prosecution has proven guilt beyond a reasonable doubt. Instead, the court considers whether sufficient probable cause exists to move the case forward.

A preliminary hearing does not occur in every felony case. For example, Georgia court guidance notes that a preliminary hearing is generally not required after an indictment has already been returned.

What Happens During the Investigation?

An arrest doesn't necessarily mean the investigation is finished.

Law enforcement and prosecutors may continue gathering evidence after charges have been initiated.

Depending on the allegations, evidence could include:

• Police reports
• Body-camera or surveillance footage
• Photographs
• Witness statements
• Text messages
• Social media activity
• Phone records
• Physical evidence
• Laboratory results
• Medical records
• Financial records

The defense may also conduct its own investigation, interview witnesses, review available evidence, preserve records, and identify information that challenges the prosecution's version of events.

What Is an Indictment?

Many Georgia felony cases proceed through a grand jury indictment.

An indictment is a formal charging document. A grand jury considers evidence presented by the prosecution and determines whether there is sufficient basis for the felony charges to proceed.

An indictment does not mean that the defendant has been found guilty.

It allows the prosecution to formally move forward with the charges. The prosecution must still prove the case under the applicable standard if the matter ultimately goes to trial.

What Happens at Arraignment?

After formal charges are filed, the defendant may appear for arraignment.

At arraignment, the defendant is formally called upon to enter a plea to the charges.

Common pleas include:

• Guilty
• Not guilty
• In some circumstances, another legally permitted plea

A not-guilty plea generally allows the case to continue through the pretrial process while the defense investigates the allegations, reviews evidence, considers motions, and evaluates potential resolutions.

Arraignment is another reason to have legal representation in place as early as possible.

What Happens During Discovery?

The defense needs to know what evidence the prosecution intends to use.

During the discovery process, the parties exchange or obtain information relevant to the case according to applicable Georgia law and court procedures.

Depending on the case, discovery may involve:

• Police reports
• Witness statements
• Video recordings
• Photographs
• Laboratory reports
• Statements allegedly made by the defendant
• Documents
• Other physical or electronic evidence

Reviewing this material can help a defense attorney identify inconsistencies, evidentiary issues, potential constitutional violations, and other weaknesses in the prosecution's case.

Can Evidence Be Challenged Before Trial?

Yes.

One of the most important parts of felony defense can occur before a jury is ever selected.

A defense attorney may file pretrial motions challenging particular evidence or procedures.

For example, questions may arise about whether:

• A traffic stop was lawful
• Police had probable cause
• A search complied with constitutional requirements
• A warrant was valid
• Statements were obtained lawfully
• Evidence should be excluded
• Identification procedures were reliable

The appropriate motions depend entirely on the facts of the case.

If a court determines that certain evidence was obtained unlawfully, that evidence may potentially be suppressed, which can significantly affect how the prosecution proceeds.

Can Felony Charges Be Reduced or Dismissed?

Potentially.

Being charged with a felony does not guarantee that the original charge will ultimately result in a felony conviction.

Cases can change as evidence is investigated and legal issues are raised.

Depending on the circumstances, charges might potentially be:

• Dismissed
• Reduced
• Resolved through a negotiated plea
• Taken to trial

No particular outcome can be guaranteed.

The strength of the evidence, applicable law, criminal history, pretrial rulings, negotiations, and other circumstances can all affect what happens.

Will Your Felony Case Go to Trial?

Not necessarily.

Many criminal cases are resolved before trial. However, whether accepting a negotiated resolution makes sense depends on the specific circumstances.

A plea offer may involve a reduced charge, sentencing recommendation, or other terms.

But accepting a plea can have serious consequences.

Before agreeing to anything, a defendant should understand:

• What offense they would be pleading to
• Potential jail or prison time
• Probation requirements
• Fines and fees
• Whether the conviction could affect employment
• Firearm restrictions
• Immigration consequences, when applicable
• Other long-term effects of the conviction

A defendant also has the right to reject a plea offer and proceed toward trial.

What Happens if the Case Goes to Trial?

If the case cannot be resolved and the defendant chooses to proceed to trial, the prosecution must prove the charge beyond a reasonable doubt.

The trial process may include:

• Jury selection
• Opening statements
• Prosecution witnesses and evidence
• Cross-examination
• Defense evidence, when appropriate
• Closing arguments
• Jury instructions
• Deliberations
• A verdict

The defendant is presumed innocent unless and until proven guilty.

A defense strategy may focus on weaknesses in the evidence, witness credibility, mistaken identity, constitutional violations, self-defense, lack of intent, or other issues depending on the particular charge.

What Happens if You're Convicted?

If a defendant is convicted or enters a guilty plea, the case proceeds to sentencing.

The possible sentence depends on the offense and circumstances of the case.

Potential consequences may include:

• Prison
• Probation
• Fines
• Restitution
• Court-ordered programs
• Restrictions on firearms
• Other conditions or collateral consequences

A felony conviction can also affect areas of life beyond the courtroom, including employment, housing, professional licensing, and other opportunities.

This is one reason felony charges should be taken seriously from the beginning.

Can You Challenge a Felony Conviction?

A conviction does not necessarily mean every legal option has ended.

Depending on the circumstances, post-conviction options may include a motion for a new trial, an appeal, or other forms of relief.

An appeal is different from a new trial. Generally, an appellate court reviews whether legal errors occurred during the proceedings rather than simply retrying the entire case.

Deadlines can apply to post-conviction remedies, so someone considering a challenge to a conviction should act promptly.

What Should You Avoid Doing After Being Charged With a Felony?

What you do while the case is pending can affect your situation.

Avoid discussing the allegations publicly or posting details about the case on social media.

You should also:

• Follow every bond condition
• Attend every required court appearance
• Avoid contacting alleged victims or witnesses when prohibited
• Preserve potentially helpful evidence
• Avoid deleting relevant messages, photos, or records
• Discuss the facts of your case with your attorney rather than trying to explain yourself publicly

Something that seems harmless in the moment could later become evidence.

Why Is Early Legal Representation Important?

Felony cases can begin moving before a defendant fully understands what is happening.

Evidence can disappear. Surveillance footage can be overwritten. Witness memories can fade. Statements made early in an investigation may become important later.

A criminal defense attorney can review the allegations, investigate the evidence, identify legal issues, explain the court process, and begin developing a defense strategy.

Getting legal guidance early also gives you someone who can help you understand what to do—and what not to do—as the case proceeds.

Facing a Felony Charge in Atlanta, Georgia?

A felony accusation can put your freedom, reputation, and future at risk, but being charged is not the same as being convicted.

The Law Office of DeLisa Williams, P.C. represents individuals facing felony and other criminal charges in Atlanta and surrounding Georgia communities. Attorney DeLisa Williams works to investigate the circumstances of each case, challenge the prosecution's evidence when appropriate, and protect her clients' rights throughout the criminal process.

If you or someone you love has been charged with a felony in Georgia, contact The Law Office of DeLisa Williams, P.C. to schedule a free consultation and discuss your legal options.