If you want notification under the law, it is your responsibility to give the following agencies your current address and telephone number. If your address or telephone number changes you need to contact the following agencies with the new information.
- Investigating Law Enforcement Agency- The arresting law enforcement agency will notify the investigating law enforcement agency if an arrest of the accused is made. Whenever practical, the investigating law enforcement agency will promptly notify you of the accused’s arrest.
- Prosecuting Attorney (State Court-Solicitor’s Office or Superior Court-District Attorney’s Office) - If a warrant was issued for a misdemeanor offense, it will be processed by the State Court Solicitor’s Office in the State Court of Clayton County. If a warrant was issued for one or more felony offenses, those cases— as well as any accompanying misdemeanor charges—will be processed by the District Attorney’s Office in Superior Court of Clayton County. Upon initial contact with you, the prosecuting attorney will explain the procedural steps in processing a criminal case and inform you of hearings where the accused may be released, gives you the opportunity to express your opinions on the release of the accused in upcoming judicial hearings. Whenever possible, they will allow you to express your opinions on the disposition of the case, including views regarding please or sentence negotiations, and if you want the accused to participate in pretrial or post-conviction diversion programs.
You must make a request in writing to the prosecuting Attorney in order to be notified of the following:
- If the accused had filed a motion for a new trial;
- If the accused has filed an appeal of his conviction;
- If the accused had been released on bail or other recognizance pending the disposition of the motion or appeal;
- The time and place of any appellate court proceedings relating to the motion or appeal and any changes in the time and place of those proceedings;
- The result of the motion or appeal.
Also, if you make a request in writing, the prosecuting Attorney to the extent possible will give you advance notice of any scheduled court hearings and changes to that schedule. You need to continue to provide the prosecuting attorney with your current address and telephone number until the case is closed or when the appellate and post-conviction process is complete, whichever occurs later.
- County Correctional Facility (if in the county jail) - If requested by you, jail staff will provide notification informing you of the release of the accused by calling the telephone number supplied by you.
- Georgia Department of Corrections and Parole Board’s Office of Victim Services - If the accused is in prison, you must request notification in writing to the Department of Corrections and Parole Board’s Office of Victim Services. (If the accused is not in prison or sentenced to prison, you do not to contact this department.) If you request notification in writing, they will notify you if the inmate is released from prison, when the maximum sentence has been served, if the inmate is transferred to a transitional center, if the inmate escapes, if the inmate is recaptured, and/or if the inmate dies while in prison. Further, if requested, they will give you advanced notice of parole consideration or any other action to release the accused for more than 60 days. You will be given 20 days advance notice so you can have an opportunity to write a letter objecting to this release. Their telephone numbers are 404-651-6668 and 800-593-9474.
REMEMBER: If you want to receive notification, it is your responsibility to provide the above agencies with your current address and telephone number. If your address or telephone number changes you need to contact the above agencies with the new information.
Accused may Be Released before Trial
Once the accused is arrested, he/she may be released before trial. In felony cases, most persons will be released from custody prior to trial. In most misdemeanor cases, the accused will be released immediately. If the accused is not released, the accused remains in a detention facility while waiting for and during the trial.
If the court grants release before trial or gives the accused a bond, you can file a complaint with the prosecuting attorney stating acts or threats of violence or intimation by the accused directed at you or your immediate family.
Separate Waiting Area
Most cases are disposed of and do not go to trial. For example, the accused may plead guilty. However, of your case goes to trial, every effort will be made for you to wait in an area separate from the accused and his relatives, friends and witnesses. If such area is not practical or available, you may request that the prosecutor ask the judge to order the contact to be as little as possible.
Your Personal Information and the Accused
In certain situations, the court may order that your current address, telephone number, or place of employment not be given to the accused by anyone—including the accused’s lawyer.
If the accused is sentenced for this crime, he/she may be sentenced from a variety of alternatives which may require that he/she receive jail or prison time. The great majority will be paroled before their sentence is completed. Other alternatives include but are not limited to probation, diversion center, boot camp, and community service.
Additional Rights and Information
If you are a victim of one of the previously listed crimes, you have additional rights during the various stages of the criminal justice process and throughout the stages of the criminal justice process and throughout the stages of the accused’s incarceration. Additional information about the stages can be obtained by contacting the state or local agency involved, or by contacting the Criminal Justice Coordinating Council at
(404) 657-1956. There are notification requirements that apply to state and county correctional facilities.
If you have medical, counseling, or funeral expenses or economic loss (loss of wages and loss of support) related to the crime, you may able to request reimbursement through the Georgia Crime Victim Compensation Program. For an application please call the Georgia Victim Compensation Program at 404-657-2222 or 800-547-0060. You can also visit their website at cjcc.ga.gov.
Community based victim service programs may be available to help you. More information on this may be obtained by calling the Governor’s Victim Assistance Help Line at (800) 338-6745 or United Way First Call for Help at 211.
Any questions you have concerning your rights or the criminal justice system should be directed to the appropriate agency listed below.
Note: You have the right to waive any of the information, notification, or other obligations under this Bill of Rights.
A victim has the right to designate a spouse, adult child, parent, sibling or grandparent to act on his or her behalf, when the victim is physically unable to personally assume the rights under the law. This has to be done in writing.
If the accused is granted a new trial or the conviction is reversed or remanded and the case has further proceedings, you are able to request the rights in this bill.