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Frequently Asked Questions

Defense Attorney FAQs
Frequently Asked Questions for Defense Attorneys.

File an Entry of Appearance on Your Case in the State Court
When you have been retained on a case in the State Court of Putnam County, please promptly file an Entry of Appearance with the State Court Clerk’s Office and send a copy of same to the Solicitor General’s Office. Please make sure to include the case number on your Entry of Appearance.

If you are unaware of the case number you should call the Putnam County State Court Clerk’s Office at (706) 485-4056 and they will give you the case number(s).

Arraignment Calendar & Bench Trial/Jury Trial Calendar
Every case in the State Court is placed on a minimum of two calendars. The first calendar is an arraignment calendar and the second calendar is the bench trial or jury trial calendar. Your client was given notice of their arraignment calendar court date upon receiving a citation or upon bonding out of jail. You and your client must appear for the arraignment calendar and the bench trial or jury trial calendar.

Timely Filing and Arguing Defense Motions Before Trial
It is the attorney’s responsibility to ensure that all Motions have been timely filed and argued prior to trial of any case. If you would like to have a hearing on a Motion, you you should attach a blank Rule Nisi with your original Motion(s) so that the Clerk of Court can set your case on the next Motion Day calendar.

Electronic Discovery Now Available
The Solicitor General’s Office now provides discovery via email as a courtesy to our bar. If you will include your email address in your Motion for Discovery, and specifically state in your Motion for Discovery that you are willing to accept service of your discovery via the email address provided in your Motion, we will scan and email you your discovery as soon as the Motion is received into our office. If we are not provided with your email address and do not receive a specific request for service of discovery via email, we will either personally serve you with your discovery at your client’s arraignment hearing or via regular United States Mail, postage prepaid, within ten (10) days prior to trial.

Plea Recommendations Made By the Solicitor General
If you would like to discuss your client’s case with the Solicitor General, you should call the Solicitor General’s office at (706) 923-2331 and schedule a time to either meet personally with Michael Gailey or to speak with him on the telephone about your client’s case. He will promptly return your telephone call and/or meet with you at the Solicitor General’s Office to discuss your case at your convenience.

Plea recommendations made by the Solicitor General will based upon fairness, impartiality, and common sense. The identity or status of a Defendant is not taken into consideration on any case prosecuted by the Solicitor General’s Office. Due to the Solicitor General maintaining a private law practice, if the Solicitor General believes that there exists an actual conflict of interest in his prosecution of your client’s case, he will voluntarily recuse himself. If you or your client believe there may be a conflict of interest, please notify the Solicitor General of your concern regarding same as soon as possible. If you believe there is something legally wrong with the case that has been made against your client, please bring it to the Solicitor General’s attention as soon as possible so that he can review the case with your arguments in mind.   

Domestic Violence Cases
Often times a defense attorney contacts the Solicitor General to inform him that a victim in a domestic violence case no longer wants the case to be prosecuted. Every case filed into the State Court is carefully evaluated by the Solicitor General. While the victim in any case certainly has the right to express their opinion as to whether or not a case should be prosecuted, it is ultimately the responsibility of the Solicitor General to ensure that justice is done in every case, even if that means prosecuting a case that the victim no longer wants prosecuted.

If you believe that you and/or your client were not treated professionally by our local law enforcement or by anyone else in the court system, including myself or my office, please do not hesitate to personally contact those persons in charge of the appropriate law enforcement agency or court personnel involved in your client’s case. A list of all law enforcement agencies who prosecute cases in our State Court is included within our website for your convenience.

Cases With Defense Attorneys Present in the Courtroom
Please notify the Solicitor General of your representation of a client upon your arrival in the courtroom.

Pre-Trial Diversion Program
If this is the first time your client has been issued a charge by a law enforcement agency, your client may qualify for entry into our Pre-Trial Diversion Program. Please notify the Solicitor General’s Office prior to your client’s court date if you want to request that the Solicitor General recommend placing your client into our Pre-Trial Diversion Program.

The State Court has a Spanish Interpreter present for all court dates and probation intakes. If your client speaks a language other than English or Spanish, please contact the Solicitor General’s office prior to the court date so that we can make the necessary arrangements to have an interpreter present for court.

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   100 South Jefferson Avenue, Suite 205, Eatonton, Georgia 31024    •    (706) 923-2331 Phone  •  (706) 923-2332 Fax