Where is the District Attorney's Office?
The District Attorney has several offices, see our Contact
Information to determine which office will serve your needs or is closest to you.
I feel that a crime has been committed. How do I
press charges? Can I report a crime directly to the District Attorney's Office?
Crimes are investigated by
law enforcement agencies such as the Dalton and Chatsworth police departments and the
Whitfield and Murray county sheriff's offices. Reporting
crimes directly to the District Attorney's Office would skip a very important step in the
process. In emergency situations, you should
call 911. The 911 operator will direct you to
the appropriate agency or contact the appropriate agencies for you. Generally however, crimes should be reported to
the law enforcement agency with the most direct jurisdiction over the place where the
crime occurred. Most crimes should be
reported to the city police department if they occur within city limits or the sheriff's
department otherwise. For a list of local law
enforcement agencies, click here.
Whichever agency
investigates the case, the reports and other paperwork will be forwarded to the District
Attorney's Office once the investigation is complete.
As the victim of a crime, can I drop
the charges?
Many people
incorrectly believe that the victim has the power to “press charges” or drop
them in a criminal case. While the victim may
initially report the crime, once the District Attorney’s Office becomes involved, the
District Attorney, or Assistant District Attorney assigned to the case, is the only person
who can file charges in court or dismiss the charges.
The District Attorney represents the State of Georgia, not the individual victim in
a particular crime. As such, the victim does
not have the authority that a client would have with a privately hired attorney.
The reason for this
arrangement is that crimes are committed against society as well as against the individual
victim, and society may have an interest in prosecuting a case that the victim does not. This is particularly true in domestic violence
cases and cases with child victims where the perpetrator may have undue influence over the
victim. In fact, not having the power to
dismiss charges takes a great deal of responsibility and pressure off victim’s
shoulders. When perpetrators learn that only
the District Attorney can dismiss charges, they are less likely to threaten or coerce the
victim.
This having been said, your
opinion as the victim is very important and will be taken into consideration as the
District Attorney or Assistant District Attorney makes decisions that affect your case. Just remember that other factors will effect the
decisions as well, including the nature and extent of the defendant’s prior criminal
history, the severity of the alleged offense and strength of the evidence, whether the
defendant has other pending charges in the criminal justice system, and the future danger
to the community (and to the victim) if the defendant is not prosecuted.
My property is being held as evidence. How do I get it
back?
Normally when stolen
property is recovered by a law enforcement agency, the detective assigned to the case will
photograph the property for evidence purposes and make arrangements to have the property
returned to you. You will have to pick the
property up yourself and sign a receipt for the agency’s records.
In some cases, the property will need to be held as evidence until the case is closed. Ultimately the District Attorney or Assistant
District Attorney assigned to your case must make all decisions regarding what items are
needed as evidence. Contact the
Assistant District Attorney assigned to your case if you have a question about property
being held as evidence. Unless the property,
or condition of the property is critical to the trial of the case, every effort will be
made to have the property returned to its rightful owner.
See our Contact Information for a listing of office
locations, phone numbers and email addresses for the District Attorney’s Office.
As the victim of a crime, will the
District Attorney’s Office pay for my damages, hospital bills, lost wages, or pain
and suffering?
While the District
Attorney’s Office cannot reimburse victims for their losses, the Georgia Crime Victim’s Compensation
Program can reimburse certain expenses to victims of violent crimes. Contact the Victim/Witness
Assistance Program for more information and to obtain the appropriate forms.
If the defendant or
defendants responsible for your loss are successfully prosecuted, and any portion of their
sentences are to be served on probation, the Assistant District Attorney assigned to the
case will normally ask the Court to order restitution as a condition of probation. As the victim, you should receive a package of
information from the Victim/Witness Assistance Program including a form for itemizing your
losses. The Assistant District Attorney will
use the information you provide on this form when asking for court ordered restitution. If you have not received these forms, contact the Victim/Witness Assistance Program and request the
Initial Victim Contact package.
If the defendant is sentenced only to prison time, the court’s sentence will
not include an order for restitution. However,
you may contact the State Board of Pardons and
Paroles and request that restitution be made a condition of the defendant’s
parole. Again, the Victim/Witness Assistance Program can provide
additional information and answer questions about this process.
Additional damages such as
for pain and suffering and emotional distress cannot be collected through the criminal
justice system. You would need to consult
with a private attorney for advice about such claims.
The defendant has been ordered to pay restitution. When do
I get my money?
If a criminal defendant has been ordered to pay restitution as part of a probation
sentence, the restitution will be paid to the Clerk of Superior Court for the county where
the defendant was sentenced. Payment will be made in weekly or monthly installments as
directed by the defendant’s probation officer. All
money collected by the Clerk is applied to victim restitution before being applied to
fines or court costs. In other words,
you’ll get your money before the county gets its money. Normally the Clerk waits until the full
restitution has been collected before issuing a check to the victim. In cases with substantial restitution ordered, it
can take a long take to collect the money. The
Clerk may agree to make partial payments to the victim as the money is collected on a
case-by-case basis. Contact the Whitfield County
Clerk’s Office at 706-275-7490 or the Murray County Clerk’s
Office, at 706-695-2932 for more information or to ask about the status of restitution
payments.
If the defendant is not
paying restitution as directed, his or her probation can be revoked. Failure to pay restitution is a violation of
probation and can result in further incarceration for the defendant. If you have any questions about the rate of
payment on restitution, you can contact the defendant’s probation officer. For felony cases, defendants are supervised by The
Department of Corrections, Probation Division) The local State Probation Office
serving Whitfield and Murray Counties can be reached at 706-272-2306. For misdemeanor cases, defendants are supervised
by Georgia Probation Services, a private company that contracts with the Court to provide
probation supervision. Georgia Probation
Services can be reached at 706-226-3333.
I have been cheated by a contractor, shopkeeper or other person who
provides labor or services. Can the District
Attorney help me?
The answer to this question
depends on how you were “cheated.” If
you feel that a crime has been committed, the first step is to report that crime to the
appropriate law enforcement agency for investigation.
For an explanation of how to do this, and listing of local agencies, click here.
Many business dealings that
go sour either do not rise to the level of criminal acts, or are more easily dealt with
outside the criminal justice system. Contact
the Georgia Attorney General’s Office, and
ask for the Consumer Protection Division to get more information about your rights and
remedies as a consumer.
How do I obtain a protective
or restraining order?
The North-West Georgia
Family Crisis Center (706-278-5586) provides assistance to women who are abused or
threatened by a domestic partner and need a protective order. The Crisis Center also conducts protective order
clinics from 10:00 A.M. until noon on Mondays and Thursdays.
Additionally, the Domestic Violence Unit provides information and
assistance about protective orders.
Be advised that protective
orders only apply when the victim and perpetrator are either current or former domestic
partners, parents of the same child or children, or related as parent and child, including
foster- and step- relationships.
If you do not share one of
these relationships with the person you seek protection from, the appropriate remedy is a
restraining order. The District
Attorney’s Office cannot assist you in seeking a restraining order. You would need to obtain assistance from a private
attorney to prepare the necessary documents to file for a restraining order.
In many cases, conditions
will be placed on the defendant’s bond that serve the same purpose as a restraining
order. If you are the victim or a witness to
a crime and wish to have conditions on the defendant’s bond prohibiting him or her
from contacting you, you should inform either the investigating officer or Magistrate
Court of your wishes prior to the time the arrest warrant is issued. For a list of law enforcement agencies and contact
information, click here. Contact the Whitfield County Magistrate Court at
706-278-5052 or the Murray County Magistrate Court at 706-695-3021. If the warrant has already been issued without
conditions, contact the District Attorney’s Office for
assistance.
If you qualify, the
protective order provides superior protection over other types of orders as law
enforcement personnel are authorized to arrest individuals for violating the order. With restraining orders and bond conditions, a
hearing would have to be held before the court that issued the order before the violator
could be taken into custody.
I have received a subpoena. What do I do now?
The lower left corner of the subpoena
should have instructions regarding who to call. Call
the number listed on the subpoena as soon as possible after receiving the subpoena. Doing so may save you an unnecessary trip to
court. If the subpoena is for trial, it will
most likely direct you to be in court on the Monday when the case is scheduled for trial. In many cases, however, only jury selection takes
place on Monday and the witnesses are not needed until later in the week. By contacting the number given on the subpoena,
you will probably be excused from appearing on Monday and will be directed to appear at a
time and on a date when your waiting time will be minimized. Subpoenas for hearings or other non-trial court
dates however will direct you to the exact time and date when your testimony will be
needed. You should still contact the District
Attorney’s Office however, as the hearing may be postponed or called off, in which
case you would be excused from appearing.
Remember however, that
unless you have been specifically excused from appearing on the date listed on the
subpoena, your failure to appear could result in contempt of court proceedings against
you.
If attending court would be
a hardship for any reason, you need to call the number listed on the subpoena as soon as
possible and let the District Attorney’s Office know about your problem. It may be that the trial will be on a day other
than that specified on the subpoena, that the defendant is scheduled to enter a guilty
plea, which would eliminate the need for you to appear, or that the case can be
rescheduled. You will most likely be directed
to speak to the Assistant District Attorney assigned to your case. Keep in mind however that the District
Attorney’s Office may not have the power to excuse you from the subpoena. If you are not properly excused, and fail to
appear, you may be held in contempt of court by the judge.
If you aren’t sure who
to call, contact the Victim/Witness Assistance Program
for more information.
Can the District Attorney's Office help me
with my divorce, or with child support?
Divorce is a civil matter that should be handled by a private attorney, or legal
services agency. The District Attorney's
Office cannot become involved in a divorce proceeding.
Likewise, the District
Attorney's Office is not involved directly in child support issues. The Georgia
Department of Human Resources, specifically the Division of Child Support Enforcement
(706-272-2326) may be able to help you.
How can I get a copy of a police
report?
As a victim of or witness to
a crime, or just as an interested citizen, you can obtain a copy of the initial incident
report directly from the law enforcement agency that made the case. You may be required to pay a photocopying fee for
the report, and some of the information on the report may be removed as a result of
confidentiality rules.
For a list of local law
enforcement agencies, click here.
If you are a defendant in a
criminal case, contact your attorney to obtain a copy of the report.
I want to know when the next court date is
for a particular case. Who do I call?
If the case is in Superior
Court, either the District Attorney’s Office or the Clerk of Superior Court can
provide that information. Keep in mind that
the Clerk will not have information on cases where formal charges have not yet been filed
in Superior Court.
See the District Attorney's
Office Contact Information, or call the
Whitfield County Clerk of
Superior Court, at 706-275-7490 or the Murray County Clerk of
Superior Court, at 706-695-2932.
For cases in other courts,
such as Magistrate Court, Probate Court and City Court, contact the appropriate court for
more information. Click
here for contact information for all of the local courts.
Why are some cases plea-bargained?
A plea agreement or plea-bargain is an
agreement between the State of Georgia and a criminal defendant towards a specific
disposition of the defendant’s criminal case. A
plea-bargain may be as simple as an agreement to dismiss certain charges in exchange for a
guilty plea to other charges, or an agreement to allow the defendant to plea to lesser
charges than those pending against him. It
may also be a very specific agreement about the terms and conditions of the sentence to be
issued by the Court.
Plea agreements are not binding on the Court. If,
however, the Court rejects the agreement reached between the parties, the defendant has an
absolute right to withdraw his or her guilty plea and re-enter a plea of not guilty to the
charges.
The vast majority of cases that proceed through the criminal justice system are resolved
through plea agreements. The agreement is to
the defendant’s advantage because it may result in a lighter sentence than the
defendant would receive if convicted at trial, or because it involves pleading guilty to
less serious charges than the defendant could be convicted of at trial.
The agreement is also to the State’s advantage because it facilitates quicker
dispositions of cases. There are only so many
judges, attorneys, and days in the year to try cases.
It would not be possible to try every case before a jury and also try those cases
in a timely manner.
What most people forget however is that plea agreements are also beneficial to the victims
of crimes. In many cases, having the
defendant admit before the Court and on the record that he or she is guilty and did
something wrong is more important to the victim than the actual sentence in the case, or
the exact charges pled to. Plea agreements
keep victims from having to testify at trial. Avoiding
the trial can be very important, especially to child victims. A plea agreement results in closure for the case. The alternative of trial and lengthy appeal can be
frustrating to victims and their families.
Finally, everyone benefits by the
certainty involved in a plea agreement. If a
defendant is convicted at trial, the Court sentences the defendant without any agreement
between the parties as to what the sentence should be.
The sentence may be harsher or lighter than either side feels is appropriate. The sentence may also fail to include specific
terms and conditions desired by the State or the victim.
With a plea agreement, all parties can be fairly confident that they will get out
of the case what they have agreed to.
Plea agreements are an
important part of the criminal justice system and good for everyone involved. If you are the victim in a case, talk to the
District Attorney or Assistant District Attorney assigned to your case about possible plea
agreements. While the decision ultimately
rests with the attorney, we want your input.
How do I get a court
appointed attorney?
The District Attorney’s
Office is not involved in your request for a court appointed attorney, or in the
Court’s decision to grant or deny that request.
Contact the Court Administrator’s Office at 706-275-7469 for more information
and to obtain an application.
As the defendant in a criminal case, can I
talk to the District Attorney?
Whether the District Attorney, or the Assistant District Attorney assigned to your
case will talk to you depends on whether or not you are currently represented by counsel. All attorneys who are members of the State Bar of
Georgia are governed by the Bar’s Rules of Professional Conduct which prohibit them
from speaking to anyone who is represented by another attorney about the subject matter of
that representation. If you have an attorney,
your attorney can communicate with the District Attorney’s Office for you.
If you do not have an attorney, the
District Attorney or Assistant District Attorney assigned to your case may be willing to
speak to you about the case. Keep in mind
that the District Attorney’s Office represents the State of Georgia and not you or
your interests. The staff of the District
Attorney's Office cannot give you advice or tell you what to do. We may be able to explain your options however so
that you can make an educated choice for yourself. Just
remember that you are not required to speak to the District Attorney’s Office about
your case and that anything you say could be used as evidence in any subsequent trial of
your case.
How do I make a complaint against
your office?
You can contact the District
Attorney, Kermit N. McManus by e-mailing to kmcmanus@pac.state.ga.us
or by regular mail to:
Kermit N. McManus
District Attorney
P.O. Box 953
Dalton, Georgia 30722-0953
Or you can call the District
Attorney’s Whitfield County office at 706-272-2121 and schedule an appointment to
speak with Mr. McManus. Because Mr. McManus
is frequently in court and has responsibilities in two counties, it is not advisable to
come to the office without an appointment. You
will most likely by asked to make an appointment and come back at a later time.
What if I have a question that is not
answered in your FAQs?
Feel free to call or visit
our office for more information. Our Contact Information page has information on each of our
offices and divisions. Keep in mind however
that the District Attorney's Office is not a free legal clinic and cannot give out legal
advice or answer questions about general legal issues.