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.