What rights does a defendant have in Georgia criminal defense cases?

What rights does a defendant have in Georgia criminal defense cases?

A Georgia defendant holds rights under both the U.S. Constitution and Article I, Section I of the Georgia Constitution, and some of them are broader at the state level.

Right Where What it means
Counsel Sixth Amendment; Ga. Const. art. I, § I, ¶ XIV A lawyer, appointed if indigent, for jailable cases
Silence Fifth Amendment; ¶ XVI Can't be compelled, and can't be punished for refusing
Jury trial Sixth Amendment; ¶ XI Unanimous, Ramos v. Louisiana (2020)
Confront witnesses Sixth Amendment; ¶ XIV Crawford v. Washington (2004) limits testimonial hearsay
Compulsory process Sixth Amendment Subpoena witnesses
Speedy trial Sixth Amendment; ¶ XI; O.C.G.A. § 17-7-170 Barker test; statutory demand
Notice of charges ¶ XIV Copy of indictment, list of witnesses on demand
Proof beyond a reasonable doubt Due process, § 16-1-5 State's burden; innocence is presumed
Search limits Fourth Amendment; ¶ XIII Suppression motion, § 17-5-30
Disclosure of favorable evidence Brady v. Maryland (1963) State must turn it over if material
Bail Eighth Amendment; ¶ XVII Not excessive, § 17-6-1

Rights can be waived, so a plea requires a judge to confirm the person understands what they’re giving up. Failure to raise some of them on time waives them too. A motion under § 17-7-110 is due within 10 days of arraignment, unless extended.

Rights differ by stage. A person on probation has reduced protection at a revocation hearing, which only needs a preponderance of the evidence under § 42-8-34.1(b).

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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