Understanding Your Criminal Case in Georgia: Felony and Misdemeanor Guide

Being charged with a crime can be overwhelming. Whether it’s a misdemeanor like a first-time DUI or a serious felony, understanding the legal process is the first step toward protecting your rights and making informed decisions.

At Leiva Legal, LLC, we represent clients facing everything from traffic offenses to violent felonies, and we know how confusing the system can feel. Below is a roadmap to help you understand what to expect in both State Court (misdemeanors) and Superior Court (felonies).

What’s the Difference Between a Misdemeanor and a Felony?

• Misdemeanors are less serious charges (such as DUI, shoplifting, simple battery, or possession of small amounts of marijuana). They are usually prosecuted in State Court and carry a maximum penalty of up to 12 months in jail and fines.

• Felonies are more serious charges (such as aggravated assault, burglary, or drug trafficking). These are prosecuted in Superior Court and carry penalties of more than one year in prison.

  
  

Understanding where your case is handled — State Court vs. Superior Court — is key to knowing what comes next.

Step 1: Arrest, Warrant & First Appearance

• Felonies: Your case begins when a warrant is issued and you are arrested. Within 72 hours, you will appear before a judge for your First Appearance. A bond may or may not be set at this stage.

• Misdemeanors: Most misdemeanor charges are bondable right away, often without the need for a hearing. Some may even begin with a citation instead of an arrest.

  
  

If bond isn’t set in a felony case, your attorney can request a Probable Cause Hearing or a Bond Hearing.

Step 2: Probable Cause Hearing

More typical on felony cases, this hearing determines if there is enough legal reason (“probable cause”) for your case to move forward.

• It is not a trial and does not decide guilt or innocence.

• Hearsay is allowed, and the main evidence is usually the arresting officer’s testimony.

• Your attorney can cross-examine the officer but is not entitled to full evidence yet.

• Most cases clear this low standard and proceed further.

Step 3: Bond Hearing

• Felonies: The judge considers the seriousness of the charges, prior history, ties to the community, and risk of fleeing or danger to others. If denied bond, the State has 90 days to indict or accuse the case before you are entitled to a bond by law (unless other circumstances exist, such as being on probation).

• Misdemeanors: Most cases have bond set immediately, so bond hearings are less common.

  
  

Step 4: Case Review by Prosecutor

• Felonies: The District Attorney reviews the evidence and decides whether to bring charges by indictment (via grand jury) or accusation (directly filed).

• Misdemeanors: The Solicitor General typically files charges by accusation in State Court. Indictments are rare.

  
  

Step 5: Formal Charges & Discovery

Once your case is formally charged, your attorney is entitled to review discovery materials, which may include:

• Police reports

• Body camera footage

• Photographs

• Witness statements

  
  

Important Note: Georgia follows a system of reciprocal discovery — meaning that if your attorney chooses to “opt in” and receive the State’s discovery, the defense is also required to share certain evidence with the prosecution. Your attorney will decide strategically whether and when to opt in to ensure the best defense for your case.

Step 6: Arraignment

At arraignment, charges are read, and you enter a plea.

• Most attorneys waive this step and enter a Not Guilty plea on your behalf. This is normal and does not waive any rights.

• Both misdemeanors and felonies go through arraignment, though timelines are typically faster in State Court.

  
  

Step 7: Calendar Call & Trial

• Misdemeanors: Your case will be set for a Calendar Call in State Court to check readiness. Many cases resolve here by plea, diversion, or dismissal. If not, your case proceeds to a bench or jury trial.

• Felonies: After arraignment, your case will appear on the Superior Court calendar. If not resolved, it may ultimately be scheduled for a bench trial or jury trial.

  
  

How Cases Are Resolved

Both misdemeanors and felonies can be resolved in several ways:

• Negotiated plea agreement

• Diversion programs (often available in misdemeanors and first-time offenses)

• Dismissal if the evidence is insufficient or constitutional rights were violated

• Trial by jury or judge

  
  

Pack Your Patience

The legal process takes time:

• Felonies: May take months or even years due to the complexity of evidence and court backlogs.

• Misdemeanors: Often move faster, but delays are still common.

  
  

The best things you can do as a defendant are:

• Stay in close contact with your attorney

• Show up to every required court date

• Be patient and trust the process

  
  

Final Thoughts

No two cases are exactly the same, but knowing the roadmap can make the journey less overwhelming. Whether you’re facing a misdemeanor in State Court or a felony in Superior Court, the right defense strategy — and the right attorney — makes all the difference.

At Leiva Legal, LLC, we’re committed to guiding our clients through every step of the process with clarity, strategy, and compassion.

📞 Contact us today at 404-955-4459 or info@leivalegal.com.