Reference

Glossary | Court Systems | Stages of a Criminal Case | Expungement | Georgia Driver's Rights

Georgia Court Systems

Municipal Court: This lowest level city court deals primarily with traffic offenses and violations of city ordinances.  All other cases originating within the boundaries of any municipality are likely to require an initial appearance before this court.    

Magistrate Court: This court serves several functions; these include disposing of alleged violation of county ordinances, granting arrest warrants and search warrants, reviewing warrant applications, presiding over hearings, preliminary hearings, dispossessory writs, distress warrants and deposit account fraud (bad checks). In addition, Magistrates preside over bond and probable cause hearings and may also preside over domestic violence cases.  Magistrate courts are usually the first court in which criminal defendants' cases are heard. 

Probate Court:  Presided over by a Probate Judge usually in smaller counties, these courts primarily deal with wills, estate issues, and the appointment of guardians.    

Juvenile Court: This court disposes of cases involving minor criminal allegations brought against children up to the age of 17.

State Court:  Most misdemeanors and traffic violations are heard in this court.  A State Court Prosecutor employed by the Solicitor General’s Office prosecutes these cases and makes recommendations to the Judge on fines and sentencing. Any misdemeanors occurring within the unincorporated part of a county are first heard in this court. Some State courts also handle preliminary felony matters.

Superior Court:  Superior Courts have exclusive jurisdiction over all felony cases.  The District Attorney or chief prosecutor evaluates the facts and the merits and ordinarily presents the case to a Grand Jury for Indictment.  (This process may take up to six months) 

Court of Appeals:  The Court of Appeals is a court of review. It exercises appellate and discretionary jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts of law.

Supreme Court of Georgia: The Supreme Court of Georgia is the highest court in the state.  It is not a trial court, nor does it make findings of fact; the courts sole purpose is to correct errors of law.  The Supreme Court of Georgia has exclusive jurisdiction to hear appeals from trial court decisions involving the following issues: constitutional cases, election contests, writs of habeas corpus, as well as all cases certified to it by the Court of Appeals, and cases in which a sentence of death was imposed or could be imposed.

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