The Pre/Post Conviction Unit handles appeals, probation revocations, bond forfeitures, preliminary hearings, the Fast Track/Pre-Trial Diversion Program, provides research assistance to the other units, and maintains a small felony caseload.
Our Post-Conviction Unit is our busiest unit. They handle more cases than any other unit.-From the 2007 Annual Report
Jill Banks, Assistant District Attorney
Appeals, Probation, Preliminary Hearings, Bond Forfeitures
The Appeals Division is responsible for representing the State of Georgia through the appellate process in the higher courts of the state and sometimes in the federal judicial system. In many instances, the prosecution of a criminal case does not end with a conviction at trial, especially in death penalty cases. Appellate attorneys are also closely involved with the prosecution of death penalty cases, providing oversight to ensure compliance with Georgia's death penalty statute and complex trials to provide assistance on issues at trial. The enactment of 35-1-37 (d) which created an administrative procedure for expungement of records is also handled in the Appeals Division. Appellate attorneys handle open records requests and record expungement petitions.
Violation of Probation Division
The Violation of Probation Division is responsible for representing the State of Georgia against those who violate their probation requirements. As an integral part of the judiciary, probation plays a vital role as the post dispositional enforcement arm of the court. The role of Probation is to promote the welfare and safety of children, families and communities by enforcing court orders, supervising offenders, monitoring behavior, and intervening to produce positive outcomes.
A Preliminary Hearing is a hearing to determine if there is reason to believe that a crime has been committed and the accused committed it. If so, the case will be "bound over" to the grand jury. Victim's appearance required only if subpoenaed or requested. Preliminary hearings are done after the police have arrested a crime suspect. The suspect is then entitled to a preliminary hearing. Designed as a safeguard against unreasonable arrest and detention, the hearing is conducted to determine whether there is sufficient evidence to hold the defendant for trial. The prosecutor has the burden to prove probable cause and the accused is allowed to introduce evidence.