FAQs: Frequently Asked Questions

To apply for record restriction, you must first contact the Clerk of Courts office and obtain a copy of your Disposition. Then you will need to reach out to the agency where your case originated (ex: Hall County Sheriff’s Department, Gainesville Police Department, Dawson County Sheriff’s Department, etc).

No. Your case is assigned to a judge, which typically determines which attorney will oversee your case.

In Hall County, the office of the public defender only represents clients in Superior Court charged with felonies. Hall County State Court provides indigent defendants with court-appointed attorneys not affiliated with the office of the public defender. Applicants for State Court-appointed lawyers must apply through the Northeastern Judicial Circuit Indigent Defense Office. In Dawson County, the public defender’s office represents indigent defendants in misdemeanor and felony cases.

The office of the public defender only provides representation for criminal cases. In Juvenile Deprivation cases, Northeastern Judicial Circuit Indigent Defense Office provides appointed counsel. The Family Law Information Center located at the Hall County Courthouse provides assistance in divorces for both Hall and Dawson residents and the Georgia Legal Services Program in Gainesville provides counsel in other civil matters.

You would need to contact the solicitor’s office.

No.  All FTA cases (no show for Traffic Arraignment) have to be paid in person with cash, money order, cashier’s check or debit/credit card or by mail with a money order or cashier’s check to Attention Charles Baker, Clerk at PO Box 1275 Gainesville, GA  30503.  If paying in person with debit/credit card, you will need to have ID to match the name listed on the card.  Your license will suspend 28 days after FTA is submitted to the Georgia Department of Driver Services.  Once in FTA status, there is an additional $82.50 fee added.  All misdemeanor cases are court appearance only unless otherwise stated by the Solicitor’s Office and those are subject to Bench Warrants in addition to a FTA.

The term “lien” refers to a wide range of encumbrances. Liens are filed on the General Execution and Lien Docket. The Real Estate division does not prepare liens or provide forms or guidance.

Absolutely. The attorneys in the office of the public defender’s office are all licensed by the State Bar of Georgia and hold law degrees from some of the more rigorous and demanding law schools in the country. Our lawyers have extensive trial experience, with several having received statewide recognition for their work. The office of the public defender for the Northeastern Judicial Circuit has a reputation for attracting highly skilled lawyers and is selective in its hiring practices.

Our goal is to provide the citizens of Hall and Dawson Counties the opportunity to apply for court appointed counsel for Criminal and Juvenile dependency matters.

You would need to attend your court date.

For more information about Hall County open records, please click here.

For more information about Dawson County open records, please click here.

You will need to reach out to an attorney to obtain legal advice. If you cannot afford an attorney or if you would like to file for divorce on your own, you may reach out to our Family Law Information Center. They may be able to assist you.

For more information about Hall County deeds and plats, please click here.

For more information about Dawson County deeds and plats, please click here.

Please allow around three weeks for your citation information to be received, then contact your county's clerk of courts office.

For Hall County charges you will need to contact the Solicitor’s Office at 770-531-7012 for Misdemeanors or the District Attorney at 770-531-6965 for Felonies. For Dawson County charges, call 706-344-3620.

Your attorney, whether privately secured or appointed by the courts, is your best option for obtaining information.

Please visit our Jury Duty page.

  • Criminal matters pending in the Superior Court of Hall and Dawson County.
  • Criminal matters pending in the State Court of Hall County.
  • Juvenile dependency matters pending in the Juvenile court of Hall and Dawson County.

An application must be completed with the Indigent Defense Office. Please contact them to see if you qualify.

You will need to reach out to an attorney to obtain legal advice. If you cannot afford an attorney, you may contact our Family Law Information Center and they may be able to assist you.

The ultimate decision about charges remains with the courts. However, input from victims may sometimes be considered.

For Hall County dates, contact the Solicitor’s Office at 770-531-7012 for Misdemeanor charges or the District Attorney at 770-531-6965 for Felony Charges. For Dawson County dates, call 706-344-3620.

Judges are randomly assigned to cases in which the death penalty is being sought. To read more about the assignment procedure, click here

We have divorce packets in our office that you can purchase. They range from $10 to $20, depending on your particular situation. You will then need to make an appointment with the Family Law Center on the third floor of this building. They will assist you with the paperwork and answer your questions as you fill it out. You bring it back to our office after it’s all filled out to file it with the court. The cost is $215, plus and extra $50 if you need to have the other party served by the Sheriff’s Office. You can also find the divorce packets on our Family Law Information Center webpage and print out the one that applies to you, thus saving yourself that cost.

Hall County

You will have to request your criminal background from the Hall County Sheriff’s Office located at 2859 Browns Bridge Road, Gainesville, GA 30504.

Dawson County

You will have to request your criminal background from the Dawson County Sheriff’s Office located at 19 Tucker Avenue, Dawsonville, GA 30534.

 

Hall County

You will need to receive a copy of your disposition from our office then apply for the record restriction with the Hall County Sheriff’s Office located at 2859 Browns Bridge Road, Gainesville, GA 30504.

Dawson County

You will need to receive a copy of your disposition from our office then apply for the record restriction with the Dawson County Sheriff’s Office located at 19 Tucker Avenue, Dawsonville, GA 30534.

Evictions are handled by Magistrate Court. Call (770) 531-6912.

  • Please visit our office on the 2nd floor of the Hall County Courthouse, call our office to apply by phone, or fill out the application below and return it to our office.
  • For Dawson County Criminal matters, visit the Public Defender’s Office in Dawson County and you will be able to make application there (1 Courthouse Square, Dawsonville, GA 30534).
  • Application hours: Monday through Friday 8:00am to 4:30pm.
  • The application takes approximately 15-30 minutes to fill out.
  • The person for which the charges are pending is the only one that can submit an application. If you need assistance, someone from our office will assist you with the paperwork.
  • Our office provides a Spanish interpreter onsite for applicants only. If you need an interpreter for the application process in any other language, please call our office and we will arrange for special interpretive services for the application process only. For other interpretive matters, please visit Interpretive Services Department.
  • You will get a letter in the mail updating you on the status of your application.

Gun permit applications are held with Probate Court. Call (770) 531-6921.

To apply for a court appointed attorney contact Indigent Defense at (770) 531-7087.

Record restriction means that eligible records on your official criminal history report are restricted from public view and are only accessible to law enforcement for criminal justice purposes.  To apply for a record restriction, you must obtain a certified copy of your disposition from the Hall County Clerk of Court located in the Hall County Courthouse.  Determine the arresting agency, and proceed to that agency (Gainesville Police Department, Hall County Sheriff’s Office, Oakwood Police Department, etc.).  At the arresting agency, you will complete a record restriction packet, submit your disposition paperwork, and pay a required fee.  The District Attorney will approve or deny the request based only on statutory eligibility, and is generally not in the discretion of the District Attorney.  The arresting agency will notify you in writing with the results of your request. For information regarding record restriction in Dawson County, please contact the Dawson County Clerk of Courts Office at (706) 344-3510.

We suggest you speak to an attorney, or someone who is skilled in the law, to guide you through this process. This office is not trained or allowed to provide legal guidance.

Sometimes victims of crime ask us about “dropping charges.”  Since the charges in a criminal case are brought by the State of Georgia, individual victims cannot make the decision to “drop charges.”  However, the District Attorney’s Office always values and considers input from victims, and victims are always encouraged to communicate with our office as to their thoughts and desires on cases that involve them.

All Plats are filed electronically through the State portal at Georgia Superior Court Clerks' Cooperative Authority Website. We suggest you ask the Surveyor that drew your plat. The Surveyor has access and credentials to file plats through the State. You may file the plat yourself, but you will need to register with the State, and then record the plat after you are given acceptance/approval to file. For copies: we can assist in retrieving your copy if you have your book and page number. We file by year and the name of the person that is listed on the plat (which may not be the current owner). Plats are not required by law to be recorded. So not all plats are found here.

You may submit a Records Request either in person, by fax or by email.  Any record prior to 2004 or being scanned will take time to retrieve from archives in order for copies to be made.  Requests may take up to a week to process depending on numbers of cases being requested and the age of the case. Copies are $.50 per page.  Certification/Seal is $2.00.  You may fax in your request to (770) 531-7070 attention Criminal Records Clerk or by email to criminaldivision [at] hallcounty.org (criminaldivision[at]hallcounty[dot]org).  An invoice will be sent stating the amount owed to our office.  Payment must be received prior to records being mailed to requestor.

You may come to the Real Estate Division, located in the courthouse annex at 116 Spring Street, S.E., Gainesville GA 30501 and provide information as to the year you acquired your property, and in what name, and we will assist you in finding the document and make copies for you for a fee ($.50 per page). If you have the Book and Page where the document is recorded, you may provide the information along with copy fees by mail ($1.00 per page), and we will mail your copy to you. You can also access all recorded deeds, liens, plats and UCC’s online at Georgia Superior Court Clerks' Cooperative Authority Website which is the Georgia Superior Court Clerks Cooperative Authority’s website. There is a fee to access the website and a $.50 charge for each copy printed.

All potential clients in Hall County must apply in person for a public defender through the Northeastern Judicial Circuit Indigent Defense Office, located at the Hall County Courthouse. Phone (770) 531-7087. Clients must meet certain poverty guidelines to qualify. In Dawson County, the Dawson County Public Defender’s Office at the Dawson County Courthouse takes applications for potential clients.

If there is a life-threatening situation, please dial 911. For all other concerns, please call 770-297-2314 and a Pretrial Officer will assist in directing you to the proper authorities.

If the claim is for $15,000 or less, it’s considered “Small Claims,” and you would do that in Magistrate Court.  They have forms you can use for the claim.  If it’s more than $15,000, you can file with us in State or Superior Court, but we don’t have forms, and it’s up to you to provide everything needed for the filing.

There is no supervision fee associated with Pretrial. However, defendants may be expected to pay fees for counseling services, drug screens and/or electronic monitoring.

You would need to talk to an attorney or research it online at the larger counties’ website for the appropriate forms for a Petition for Custody.

Some cases can be resolved in a short time, but in other instances they may take longer to reach a conclusion than our clients would prefer. Please keep in mind there are thousands of criminal cases on the dockets of the Superior Court. Your attorney or your attorney’s investigator will contact you by phone or mail whenever there is new information about court appearances, plea offers or a possible trial.

You would need to contact the solicitor’s office.

Please allow at least 3 weeks for our office to receive the citation to find out the fine amount.

Before a legal advocate can assist you, you must go through a screening process to determine whether or not the criteria for a TPO has been met. This initial screening may take place over the phone to avoid any inconveniences to you such as long wait times at the courthouse and/or lost time at work. Once this initial screening process is complete, if you are cleared to proceed further a legal advocate may help you.

Some Important Things to Know:

  • If the person against whom you are seeking a TPO is a resident of the State of Georgia, you must file your petition in the County where that person resides.
  • Before filing a petition, you will need to provide a valid address for the person against whom you are seeking a TPO.
  • This is no fee for filing a petition for a TPO under the Family Violence Act.

In some instances, alternative sentencing options such as residential substance abuse treatment, mental health care, etc., is appropriate and can be agreed upon by the parties in your case. It is by no means a guarantee, however. Each case must be evaluated based on the state’s evidence, the client’s past history, and the likelihood of success with an alternative sentence.

This means that Pretrial supervision is a condition of your bond/bail order. If the letter includes an appointment date and time, please make arrangements to report as directed. For questions or concerns, please call the Pretrial Office.

No, it is an outside payment provider, phone number 1-800-262-0128.

No, contact your attorney if you have questions about upcoming court dates.

Please call the office at 770-297-2314 for reporting instructions and directions.

Court appointed attorneys have the same qualifications and experience as any privately hired attorney might have. Rest assured that your case is being handled by a competent and educated lawyer. The NEJC prides itself on a having a reputation for attracting highly skilled individuals and for being selective in its hiring process.

You will need to speak with a Legal Advocate.

Finding a lawyer is your most advisable option. If you cannot afford an attorney, the court can assist you with your options. You may contact our Indigent Defense department to apply for a court appointed attorney or contact our Family Law Information Center for answers to general questions. Additionally, the NEJC offers access to two Law Libraries featuring access to many different legal sites and reference materials.

Hall County citations may be paid by calling 1-800-262-0128. For Dawson County citations, call 706-344-3580.

Please visit our Pretrial page.

To learn more about obtaining or submitting a background check for adoption, please click here.

This office does not provide mathematical odds at your chances of prevailing in a case, nor does it make promises or guarantees that a case will turn out a certain way. The only promise is to zealously and ethically represent you to the fullest extent.

  • If you are denied a court appointed attorney, you can reapply after 60 days from your 1st application date.
  • If you do not wish to wait the 60 days to re-apply or if you know you will still not qualify. You can work on the “pro se” packet (link to document here) and possibly be re-considered appointment of attorney. This packet only applies to cases pending in Superior Court.
  • If you are in jail and your application was denied, your status will be revisited if you are still in jail after 30 days.

A First Appearance is a defendant’s first time to see a Judge about their arrest.  If a defendant is arrested on charges and does not have a bond set at arrest and is still in the jail the next day after arrest, he will see a Judge and be advised of what his charges are and will be advised as to bond criteria.  This is usually done via video-conferencing in Hall and Dawson Counties.

A Committal Hearing is a defendant’s chance to contest the charges and have a Judge decide if there is probable cause to send the charges to Superior Court and the District Attorney’s Office for continued prosecution.  The Defendant can waive this hearing, in which case the charges are sent to the District Attorney for prosecution.  If a defendant wants to enter a guilty plea or negotiate a faster resolution of pending charges, they must be sent to the District Attorney’s Office first, so waiving the hearing can provide for a quicker resolution.  If a defendant wants this hearing, there is a chance the charges might be dismissed, although the State can present an indictment to the Grand Jury and re-arrest a defendant if the Grand Jury indicts the case even if it is dismissed at a committal.

A legal advocate provides assistance to individuals who meet certain criteria and are not represented by an attorney with the preparation and filing of petitions for Temporary Protective Orders (TPO) under the Family Violence Act.

A TPO is not the same as a civil restraining order and a legal advocate does not assist with the preparation of petitions for these orders. Please consult an attorney if you are seeking a civil restraining order.

An Arraignment is the defendant’s first court date in Superior Court.  It is the first time a defendant is called on to enter a plea in front of the Judge who is assigned the case for trial.  A defendant can plead guilty or not guilty.  If the defendant pleads not guilty, he or she can always change that plea to a guilty plea at a later date.  The law sets out certain timelines for filing Motions in a case that are also triggered once a defendant has been arraigned.

A Calendar Call is a court date when every pending case in front of a Judge is called in to announce as to whether that defendant wants a jury trial.  At the Calendar Call, the Judge will decide when the trial date is for each case on the pending case list.

You will need to contact the Solicitor’s Office at (770) 531-7012 for Misdemeanor charges or the District Attorney at (770) 531-6965 for Felony charges.

Wills are handled by Probate Court.  Call (770) 531-6921.

Hall County property records are filed in our Real Estate Division. All filing fees must be paid at the time of recording which would also include any applicable tax (Transfer Tax for ownerships, Intangible Tax for loans).

Probate Court.

Legal Advocates office on the 4th floor.

Please call the Pretrial Office and you will be directed to an approved GPS provider.

  • Any Civil matters: Divorces, Legitimations, custody, name changes, adoptions, evictions, personal civil matters, or if you are the victim in a criminal matter.
  • Appeals or motions to “withdraw plea” pending in State Court.
  • Charges pending in Gainesville Municipal Court, Oakwood, Flowery Branch, or other municipalities.
  • County ordinance violations.
  • Immigration matters.