The Process of a Felony Charge in Marietta: A Step-by-Step Guide

A felony case in Marietta moves through a series of predictable stages. Knowing what each one is, and where the real opportunities to defend the case are, takes some of the fear out of the process.

Arrest and Your Rights

It starts with an arrest, often on a warrant.

Once in custody, you have the right to remain silent and the right to a lawyer.

The single most important thing you can do is ask for an attorney and avoid making statements, because what you say early can shape everything that follows.

First Appearance and Bond

Soon after arrest, you appear before a judge who sets the terms of any release.

That might be a bond amount or release on your own recognizance. The amount and conditions depend on the seriousness of the charge and your history.

If bond is out of reach, an attorney can argue for a lower amount or different terms.

Indictment and Arraignment

In Georgia, felonies are formally charged by a grand jury indictment.

At arraignment, you hear the charges and enter a plea of:

• Guilty
• Not guilty
• No contest

A not-guilty plea moves the case toward motions and, if needed, trial.

Pretrial Motions and Plea Negotiation

This is where much of the defense work happens.

Your attorney can file motions to suppress evidence or challenge the state's case. Your attorney can also negotiate with the prosecutor for a reduced charge or sentence.

Whether to accept a plea or push toward trial depends on the strength of the evidence and what is at stake.

Trial and Sentencing

If the case goes to trial, the state has to prove guilt beyond a reasonable doubt. The defense works to create doubt and hold the state to that burden.

Georgia's most serious violent felonies, sometimes called the “seven deadly sins,” carry mandatory minimum sentences.

Because of this, sentencing exposure is a central part of the defense strategy from the start.



If you are facing a felony in Marietta or Cobb County, we can walk you through exactly where your case is in this process and what comes next.