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Affidavits of indigency do not apply to criminal cases. Warrant Applications are for criminal charges. Pauper Affidavits are for civil matters only.
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No, under our laws at this stage of the proceedings, only the accused is entitled to court appointed counsel. However, you may hire your own attorney.If a warrant is issued, then the victim does not need an attorney in a criminal case because the victim will be represented by the State of Georgia. The District Attorney's office represents victims of felony offenses and Solicitor's office represents victims of misdemeanor offenses.
Yes, there are unique rights connected with a defendant in a criminal case. The notice of rights is both a notice and an inquiry which is conducted by the judge. The Court will inquire whether the Defendant is aware of the following:
When the Defendant chooses to proceed without an attorney, the Court will inquire and advise the defendant of the following:
These questions should help you analyze whether you should hire an attorney or apply for appointed counsel. Cases will not be continued because of a failure to timely hire an attorney or a failure to timely apply for appointed counsel.
The Accused has the right to remain silent and any testimony given by the Accused may be used against him or her. The Accused is under no duty to present any evidence tending to prove innocence and is not required to take the stand and testify. If the Accused elects not to testify, no inference hurtful, harmful, or adverse to the Accused shall be drawn by the magistrate, nor shall such fact be held against the Accused in any way.