Chatham County, Georgia Criminal Courts: From Arrest in Savannah to Final Disposition
Chatham County is the most populous county on the Georgia coast, an urban and suburban county centered on Savannah, its county seat and the state's oldest city. Because it is home to roughly 300,000 people, a busy port and a heavy tourist trade, its criminal courts handle a large volume of cases every week. Chatham is also one of the few Georgia counties that makes up a judicial circuit entirely by itself. The Eastern Judicial Circuit covers only Chatham County, so the Superior Court judges, the District Attorney and the Circuit Public Defender all work solely on Chatham cases. Below the Superior Court, which hears felonies, sit a State Court for misdemeanors, a Magistrate Court that issues warrants and conducts preliminary hearings, the Recorder's Court of Chatham County for traffic, ordinance and many lower-level citations, and separate municipal courts in smaller cities such as Pooler, Garden City, Port Wentworth, Bloomingdale, Thunderbolt and Tybee Island.
Most criminal business is concentrated in downtown Savannah:
- Chatham County Clerk of Superior Court, 400 W. Oglethorpe Avenue, Suite 178, Savannah, GA 31401, (912) 434-8920
- State Court of Chatham County, Clerk's Office, Chatham County Judicial Center, 133 Montgomery Street, Savannah, GA 31401, (912) 652-7224
- Chatham County Magistrate Court, 133 Montgomery Street, Savannah, GA 31401, (912) 652-7181
- Recorder's Court of Chatham County, 133 Montgomery Street, 1st Floor, Savannah, GA 31401, (912) 652-7425
- Eastern Judicial Circuit District Attorney, 133 Montgomery Street, 6th Floor, Savannah, GA 31401, (912) 652-7308
- Eastern Judicial Circuit Public Defender, 222 W. Oglethorpe Avenue, Suite 130, Savannah, GA 31401, (912) 447-4901
- Chatham County Misdemeanor Defense Office, 133 Montgomery Street, Suite 505, Savannah, GA 31401, (912) 652-3091
- Pooler Municipal Court, 100 Southwest Highway 80, Pooler, GA 31322, (912) 748-7333
- Garden City Municipal Court, 100 Central Avenue, Garden City, GA 31408, (912) 963-2708
- Tybee Island Municipal Court, 78 Van Horne Drive, Tybee Island, GA 31328, (912) 786-5635
The State, Magistrate and Recorder's courts share the Montgomery Street courthouse complex, while the Superior Court clerk works from the Gadsden courthouse on Oglethorpe Avenue. The paperwork you received at release will name your court, courtroom and date. Choose a category below to follow a case of that type.
- Misdemeanor (for example, petty theft, a first DUI, simple battery, trespass)
- Felony (for example, burglary, theft over $1,500, drug sales, aggravated assault)
- Violent felony (for example, murder, rape, armed robbery)
Misdemeanor (for example, petty theft, a first DUI, simple battery, trespass)
Shoplifting at a Savannah mall, a DUI stop on Abercorn Street, a bar fight on River Street: charges like these are misdemeanors, and in Chatham County they usually travel one of two routes. A citation for traffic or an ordinance violation, or a minor offense written as a ticket, often starts in Recorder's Court or in the municipal court of the city where it happened. A misdemeanor that is formally charged goes to the State Court of Chatham County, where the elected Solicitor-General prosecutes by filing an "accusation" instead of seeking an indictment. Because the lower courts do not seat juries, anyone who wants a jury trial in a municipal or Recorder's Court case can demand one, and the case moves to State Court.
After the arrest
Many misdemeanor defendants are released on a citation or posted bond within hours. Someone who stays in custody must see a judge within 48 hours of a warrantless arrest, or within 72 hours if police arrested on a warrant. In Chatham County that first hearing is held before a magistrate, who reviews the charge, sets or confirms bond and explains how to request counsel.
Appointed counsel for misdemeanors
Chatham County runs its own Misdemeanor Defense Office, staffed with lawyers who represent people who cannot afford private counsel on misdemeanor charges. When that office has a conflict, the county's Indigent Defense Unit assigns a private attorney. To ask about eligibility, call (912) 652-3091 or raise the request at your first court appearance. Felony questions go to the Circuit Public Defender at (912) 447-4901.
How these cases usually end
At arraignment in State Court the accusation is read and a plea is entered. Most cases are then negotiated with the Solicitor-General. A first-time defendant may be offered pretrial diversion, a reduced charge, or a sentence under Georgia's First Offender Act, which keeps a conviction off the record if every condition is completed. Chatham's State Court also operates a DUI Court, an intensive supervision and treatment program for repeat impaired-driving defendants. A case that goes to trial is heard by six jurors, and a defendant may file a statutory demand for speedy trial, which requires trial within the current or next term of court.
Sentencing range and timeline
The standard misdemeanor ceiling in Georgia is 12 months in custody and a $1,000 fine; high and aggravated misdemeanors raise the fine limit to $5,000. A first DUI conviction carries 10 days to 12 months, at least 24 hours actually served, a fine of $300 to $1,000, community service and a risk reduction class. Probation is the usual result. Given the size of the State Court docket, expect a Chatham misdemeanor to take anywhere from one to several months.
Felony (for example, burglary, theft over $1,500, drug sales, aggravated assault)
Felony charges in Chatham County belong to the Superior Court of the Eastern Judicial Circuit and are prosecuted by the circuit District Attorney, whose office sits on the sixth floor of the Montgomery Street courthouse. Since the circuit has only one county, every Superior Court judge and every assistant DA in the circuit is devoted to Savannah-area cases, and the felony docket is among the largest on the coast.
Magistrate Court stage
A felony case begins with a warrant and a first appearance before a Chatham County magistrate within the 48- or 72-hour deadline. For most felonies the magistrate can set bond at that point. At the defense's request, a commitment hearing can be held, and the State must establish probable cause there before the Chatham case moves up to Superior Court. If the grand jury indicts first, that hearing usually does not happen.
Grand jury and arraignment
Georgia felonies are normally charged by grand jury indictment, though a defendant can waive indictment and let the DA proceed on an accusation, which is common in negotiated cases. A defendant who sits in jail 90 days without being indicted is entitled to have a bond set. Following indictment, the case goes to arraignment in Chatham County Superior Court, where the defendant enters a plea and the State turns over its discovery.
Representation
The Eastern Judicial Circuit Public Defender, part of the Georgia Public Defender Council, represents people who qualify financially in Chatham County felony cases. Its main office is at 222 W. Oglethorpe Avenue, (912) 447-4901; a separate juvenile division at 197 Carl Griffin Drive can be reached at (912) 652-6904. When the Public Defender cannot take a case because of a conflict, the county's Indigent Defense Unit appoints private counsel.
Outcomes and treatment courts
Most Chatham felonies are resolved by plea. First Offender sentencing is available to many people with no prior felony record. The Superior Court also runs a Drug Court, an Adult Mental Health Court and a Veterans Treatment Court, each of which offers supervised treatment in place of a standard prison or probation sentence for people who qualify. Trials are decided by 12 jurors who must agree unanimously. Most felonies carry at least one year, and judges frequently split a sentence between confinement and probation. From arrest to final disposition, a Chatham felony commonly takes six to eighteen months.
Violent felony (for example, murder, rape, armed robbery)
Under Georgia law, seven offenses are labeled "serious violent felonies": murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy and aggravated sexual battery. In Chatham County these prosecutions are handled by experienced trial teams in the Eastern Circuit District Attorney's office and heard in Superior Court, and they carry the harshest mandatory penalties in the state code.
Holding and release
A Chatham magistrate cannot grant bond on murder, rape, armed robbery and the related offenses. Only a Superior Court judge may decide release, and only after a bond hearing. Many defendants in these cases are held at the Chatham County Detention Center while the case is pending.
Defense in serious cases
Defendants who cannot afford a lawyer are represented by the Eastern Judicial Circuit Public Defender, (912) 447-4901. If the District Attorney gives notice that it will seek death in a murder case, the Capital Defender Division of the Georgia Public Defender Council, which tries capital cases throughout the state, generally takes over the defense.
What the law requires at sentencing
- Murder: life with parole eligibility only after 30 years, life without parole, or death. A jury may impose death only if it unanimously finds at least one statutory aggravating circumstance.
- Rape: anyone convicted in Chatham County Superior Court faces life, life without parole, or a prison term of 25 years to life, with lifetime probation to follow.
- Armed robbery: a Chatham County conviction carries 10 to 20 years in prison, or life.
For the serious violent felonies other than murder, Georgia sets a 10-year mandatory minimum that must be served in full, with no parole, probation or suspension. First Offender treatment does not apply, and anyone convicted of a second serious violent felony faces mandatory life without parole. Victims are guaranteed notice of proceedings and a chance to be heard at bond, plea and sentencing under Marsy's Law, which Georgia voters approved in 2018.
Pace of the case
Lab analysis, expert testimony and lengthy motions practice slow these cases considerably. One to three years is typical in Chatham County, and a capital prosecution can take longer still.
Federal charges
Federal cases from Chatham County belong to the Southern District of Georgia, Savannah Division. The courthouse is 8 Southern Oaks Ct., Savannah, GA 31405 (page says mail to 124 Barnard St), and the clerk answers at 912-650-4020. A federal magistrate judge holds the first hearing and sets any release terms. The U.S. Marshals Service keeps custody before trial, so the person may sit in a local jail that rents beds to the Marshals. After sentencing, use the Federal Bureau of Prisons inmate locator.
The information on this page describes the general course of a criminal case in Chatham County, Georgia, and should not be taken as legal advice. For guidance on a specific charge, speak with a criminal defense lawyer, or call the Eastern Judicial Circuit Public Defender at (912) 447-4901 (misdemeanor defense: (912) 652-3091).