DATA GLOSSARY

CRIMINAL LEGAL TERMS

Arresting Agency: An arresting agency, also known as a law enforcement agency, is responsible for maintaining public order. This includes investigating crimes by gathering evidence and identifying suspects, apprehending individuals suspected of criminal activity, responding to emergencies, and providing support in court proceedings. The arresting agency will provide a case file to the District Attorney's Office sometime before or after an arrest is made.

The Office of the DeKalb County District Attorney accepts cases from multiple arresting agencies

DeKalb County Police Department
DeKalb County Sheriff’s Office
DeKalb County Marshall’s Office
DeKalb County Medical Examiner’s Office
DeKalb County Schools Department of Public Safety
DeKalb State Court Probation
Department of Community Supervision (Felony Probation)
Georgia Bureau of Investigation (GBI)
Georgia State Patrol
Agnes Scott College Police
Atlanta Police Department
Avondale Estates Police Department
Brookhaven Police Department
Chamblee Police Department
Clarkston Police Department
CSX Police Department
Decatur Police Department
Department of Juvenile Justice
Doraville Police Department
Dunwoody Police Department
Emory Police Department
Georgia Attorney General’s Office
Georgia Insurance Commissioner
Georgia Perimeter College
Georgia Secretary of State
Georgia State University Police
Lithonia Police Department
MARTA Police
Pine Lake Police Department
Stone Mountain Police

Warrant: For an accused to be arrested, a warrant must be issued by a Superior Court or Magistrate Court Judge. Warrants are typically pursued by the arresting agency and accompanied by a police report that summarizes the facts of the incident leading to the suspect's arrest. Arrest: An arrest is made when the police officially take a person into custody.

Misdemeanor: Under Georgia law, a misdemeanor is a crime punishable by a fine of up to $1,000 and/or 12 months in jail.

Felony: A felony is a crime punishable by a prison term of one year or more. Various fines may also be assessed upon conviction or guilty plea.

Case: A case is a criminal matter assigned to a prosecutor and investigator in the Office of the DeKalb County District Attorney, who are responsible for reviewing the facts of the case and continuing to collect evidence to prove the case beyond a reasonable doubt.

Bond: After arrest, the accused in certain crimes may be offered the opportunity to make bail (also called a bond). By paying the amount specified by a Judge, the accused is allowed to be released from jail to await further legal proceedings. Some offenders are denied bail. Certain crimes require that a bond be set by a Superior Court Judge. These crimes include: Murder, Rape, Aggravated Sodomy, Armed Robbery, Aggravated Child Molestation, Aggravated Stalking, Aggravated Sexual Battery, Kidnapping, Arson, Aggravated Assault, or Burglary, if the person has a prior record of these charges.

Preliminary Hearing: if a accused has been in continuous custody pending their arrest for longer than 90 days, a Magistrate Judge will hold a preliminary hearing to determine whether there is sufficient evidence to send the case over to a higher court (either State or Superior Courts). Misdemeanors are bound over to the DeKalb County Solicitor-General’s Office for investigation and prosecution in State Court. Felonies are bound over to the DeKalb County District Attorney’s Office for investigation and prosecution in Superior Court.

Grand Jury Presentation: The Grand Jury consists of 23 DeKalb County citizens. One duty of the Grand Jury is to determine if there is sufficient evidence to cause the suspect to stand trial for the alleged crime. Neither the accused nor his attorney is present at the Grand Jury hearing. After hearing the evidence, the grand jurors evaluate the case in private and vote to return either a TRUE BILL of indictment or a NO BILL. If a TRUE BILL is returned, the accused is indicted, and the case proceeds to Arraignment. A NO BILL serves as a dismissal of the charges. In most cases, only a police officer will testify before the Grand Jury. However, in some cases, victims and witnesses may also be required to testify.

Arraignment: After a case is indicted, a court proceeding is scheduled in which a judge formally reads the charges against the accused. At this point, the accused enters his/her official plea to the charges--GUILTY or NOT GUILTY. If the accused pleads NOT GUILTY, the case is set for trial. If the accused pleads GUILTY, he may be sentenced that day.

Motions: In many cases, the attorneys may raise questions of law that must be decided by the court before the trial can proceed. The judge will conduct the necessary hearings and decide on the legal questions presented.

Subpoena: When a person is required to testify in court, they will be notified by a subpoena. A subpoena is a legal notification issued by the court clerk, specifying the date, time, and place of the hearings to which the individual is required to attend.

Trial: The purpose of the trial is to determine the facts in the case. In a criminal trial, the District Attorney’s Office represents the State of Georgia, and a Defense Attorney represents the accused. Several cases are usually scheduled for trial during the same week. On the first day of the trial week, the Judge will decide which cases are ready to be tried and in what order. The court will also take guilty pleas from some accuseds. At the trial, the prosecution presents its evidence to the judge and jury first. Witnesses are sworn in, and the Assistant District Attorney (ADA) will then ask them questions about the case. When the ADA completes their questions, the defense will then have the opportunity to ask questions of each witness. When the state is finished presenting its case, it “rests” and the defense, while not required to present any evidence, can call witnesses if they choose. Upon completion of the closing arguments, the Judge delivers the "jury charge." The jury charge is the court's instruction to the jury as to the laws that should be applied to the evidence they heard during the trial. Once the jury has been instructed on the law, the jury retires to the jury room. Only the jury members are permitted to enter the jury room. There, the jury decides whether there is enough evidence to convict the accused. Their final decision is referred to as the verdict.

Sentencing: Sentencing may take place immediately upon a guilty plea or a guilty verdict. If the judge sentences the accused on multiple charges, he may impose the sentences to run either concurrently (the time to serve runs together) or consecutively (the time to serve runs separately). Sentences can consist of prison time, fines and/or probation.

Probation: If the accused is sentenced to serve a specified amount of time on probation, he is assigned to a particular probation officer. While serving probation, the accused must report periodically to the probation officer and must fulfill all the conditions of probation imposed by the sentencing judge.

Prison Sentence: If the accused is sentenced to prison, he will serve his sentence in one of the state institutions in Georgia. Offenders will be transported to a diagnostic facility within the Georgia Department of Corrections. At the diagnostic facility, the inmate undergoes a series of physical, educational, and psychological tests.

Parole: Parole is the release of a convicted individual from an institution before the completion of their full sentence. Before an inmate can be paroled from prison, a parole hearing is conducted. Individuals may object to the inmate's early release by submitting letters of protest to the State Board of Pardons and Parole.

DIVISION

There are presently 10 divisions of the court, which are numbered 1 through 10. Each division is presided over by 1 of the 10 judges, as follows:

Division 1 – Judge Courtney L. Johnson
Division 2 – Judge Asha F. Jackson
Division 3 – Judge Yolanda C. Parker-Smith
Division 4 – Chief Judge Shondeana C. Morris
Division 5 – Judge Gregory A. Adams
Division 6 – Judge Stacey K. Hydrick
Division 7 – Judge LaTisha Dear Jackson
Division 8 – Judge Nora L. Polk
Division 9 – Judge Mark Anthony Scott (until January 2023)/ Brian E. Lake (appointed April 2023)
Division 10 – Judge Tangela M. Barrie

OFFENSE GROUPS

An "offense group" is a category for crimes (like Violent Crime, Drug Offenses, or Traffic Offenses). These groups allow for easier analysis and visualization. The Data Dashboards highlight fifteen (15) different offense groups, including Homicide, Human Trafficking, Sex Offenses, Gangs, Cruelty to Children, Disabled Person/Elder Abuse, Violent Crime, Drugs, Weapons, Theft, Public Order, Forgery/Fraud, Crimes Against Animals, Traffic Offenses, and Public Corruption. Each offense group is defined as follows:

Homicide: Includes malice murder, felony murder, murder in the second degree, voluntary manslaughter, and involuntary manslaughter.

Human Trafficking: Includes trafficking of persons for labor or sexual servitude, keeping a place of prostitution, pimping, pandering, prostitution.

Sex Offenses: Includes rape, statutory rape, aggravated assault with intent to rape, sodomy, sexual exploitation of children, child molestation, incest, sexual battery, failure to register as a sex offender, and peeping tom.

Gangs: Includes violations of the Street Gang Terrorism and Prevention Act, and committing an offense or engaging in criminal activity with the intent to obtain or earn membership and/or maintain or increase status within a criminal street gang.

Cruelty to Children: Includes cruelty to children in the first, second, and third degree, contributing to the delinquency of a minor, enticing a child for indecent purposes, endangering a child, educational neglect, and other charges where the primary victim is a child and there are no homicide, human trafficking, or sex elements to the crime.

Disabled Person / Elder Abuse: Includes cruelty to a person 65 years or older, neglect, abuse, intimidation, exploitation of a disabled adult, elder person, or resident of a long-term care facility, simple battery against a person who is 65 years or older or is pregnant, and failure to report abuse of a disabled or elderly person.

Violent Crime: Includes armed robbery, assault and battery offenses, burglary, home invasion, kidnapping, false imprisonment, stalking, harassment, terroristic threats, and arson.

Domestic Violence: (ADD) Includes anything assigned to DVSA and then any Battery-DV, or aggravated stalking charges.

Drugs: Includes possession of a controlled substance charges, possession with intent to distribute, distribution, manufacture of controlled substances, trafficking of controlled substances, and other drug charges.

Weapons: Includes possession of a firearm or knife in restricted areas, possession of a firearm or knife during the commission of a felony, possession of a firearm by a convicted felon, unlawful possession of knives, explosives, or destructive devices, and other weapons-related charges (such as use of machine guns, sawed-off rifles, shotguns, or silencers).

Theft: Includes theft by shoplifting, theft by extortion, theft by taking, theft by deception, theft of services, theft by receiving stolen property, robbery by force, robbery by intimidation, robbery by sudden snatching, and robbery by force (does not include armed robbery, which is categorized under the Violent Crime category).

Public Order: Includes domestic terrorism, public indecency, disrupting a lawful gathering, inciting an insurrection, affray, disorderly conduct, advocating to overthrow the government, criminal trespass, damage to property, gambling, reckless conduct, judicial and jail-related crimes (such as perjury and unlawful acts in a penal institution), and other crimes that disrupt peace.

Forgery/Fraud: Includes financial fraud, identity fraud, forgery, fraudulent practices, racketeering, invasion of privacy, and other charges that involve illegally manipulating or creating documents/assets, whether using computer systems or not, for monetary gain.

Crimes Against Animals: Includes cruelty to animals, dog fighting, hunting violations, and the neglect or abandonment of animals.

Traffic Offenses: Includes reckless or aggressive driving, driving while under the influence, driving while license suspended or revoked, serious injury or death by vehicle, and other traffic-related offenses.

Public Corruption: Includes violation of oath by public officer, bribery, conspiracy to defraud the state, fraudulent acts by a public official, extortion under color of office, fraud in obtaining public assistance, food stamps, or Medicaid, misuse of state funds, and other offenses involving the abuse of government either by public officials or individual actors.

For more information on the offense groups and their rankings, visit the Technical Notes section.

UNITS

The office is comprised of 16 units. Most units specialize in a particular field, i.e., domestic violence/sexual assault, crimes against children, crimes against elder persons and adults with disabilities, and so forth. Each unit is defined as follows:

Anti-Corruption Unit: The Anti-Corruption Unit focuses primarily on complex white-collar crimes involving losses exceeding $100,000, as well as cases involving police officers' excessive use of force or the use of a firearm. Every discharge of an officer's weapon in the line of duty in DeKalb County is reviewed by the Office of the District Attorney through this unit. The unit also reviews and prosecutes cases involving public officials or county employees who breach duties of public trust. The unit's experienced attorneys, investigators, and paralegals prosecute complex fraudulent business practices, cybercrimes, romance scams, mortgage frauds, and crimes against government organizations and institutions, where DeKalb County is a nexus for these criminal activities.

Child Crimes Unit: The Office of the DeKalb County District Attorney is committed to protecting children by aggressively prosecuting offenders who prey on our youngest citizens. The Child Crimes Unit (CCU) handles cases in which children have been victims of sexual abuse, physical abuse, neglect, or homicide. CCU employees are on-call 24 hours a day and 7 days a week to assist law enforcement with investigations into child maltreatment. They respond to the scenes of suspicious child deaths and attend autopsies. Unit attorneys engage with local law enforcement agencies and community groups to bolster child welfare in DeKalb County. CCU employees are leaders and members of organizations and task forces that advance their abilities to protect children, specifically the DeKalb County Multidisciplinary Team and the DeKalb County Child Fatality Review.

Crimes Against Elder Persons and Adults with Disabilities Unit: The Crimes Against Elder Persons and Adults with Disabilities Unit (CAEPAD) prosecutes crimes perpetrated against seniors and adults with physical or mental disabilities. Maltreatment or neglect of dependent adults can take many different forms, including passive neglect, active neglect, psychological abuse, financial abuse, or physical abuse. The CAEPAD Unit also leads the DeKalb County At-Risk Adult Multidisciplinary Team (DARA MDT) and presents trainings throughout the county to educate seniors on how to protect themselves from scams and abuse.

Domestic Violence / Sexual Assault Unit: The Domestic Violence / Sexual Assault Unit handles all DeKalb County adult sexual assault cases and high lethality domestic violence cases, including domestic violence and sexual assault homicides. In addition to giving these special cases the expertise, care, and commitment they deserve, the unit also assists and trains law enforcement officers, medical personnel, and crisis counselors in the areas of domestic violence and sexual assault and informs judges of current domestic violence and sexual assault law to aid in fair rulings and appropriate sentences.

Firearm Violence Prevention Unit: Most violent crimes that occur in DeKalb County involve a firearm. The purpose of the Firearm Violence Prevention Unit (FVPU) is to reduce gun violence in our community and work toward healing those affected by it. The FVPU is dedicated to identifying and prosecuting the "impact offenders" responsible for most of the gun violence in DeKalb County. Additionally, the FVPU focuses on investigating firearm-related cases with a domestic violence component, particularly those involving prior misdemeanor convictions for domestic violence or where a protective order is in place. The FVPU routinely collaborates with our federal partners, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the U.S. Attorney’s Office, to pursue federal charges in these cases when it is appropriate. Our commitment extends beyond prosecution; we aim to prevent unnecessary deaths and injuries through gun safety education and community engagement. By targeting impact offenders, reducing the number of illegal firearms on our streets, and providing support to those affected by gun violence, the FVPU strives to make DeKalb County a safer place for all.

Homicide and Gangs Unit: The Homicide and Gangs Unit (HGU) consists of specialized prosecutors, investigators, advocates, and support staff who handle the majority of the homicides and complex gang cases in the Office of the DeKalb County District Attorney. HGU is responsible for thoroughly investigating homicides that occur in DeKalb County to determine if sufficient evidence exists to indict, and if so, handles the cases once they enter Superior Court to resolution. This review and preparation require teams highly skilled in organizing and analyzing high volumes of evidence from external law enforcement agencies, internal investigative action, digital forensics evidence, including cell phone evidence, location data, social media evidence, and all forms of crime scene evidence. In addition to homicides, the unit handles complex gang cases that occur in DeKalb County. These cases include gang-related violent offenses, armed robberies, and narcotics activity.

High Intensity Drug Trafficking Area Task Force: The Homicide and Gangs Unit is also responsible for prosecuting all cases made by the High Intensity Drug Trafficking Area (HITDA) task force members in DeKalb County. These cases are typically complex drug cases involving large quantities of illegal drugs being distributed by organized, national, and multinational organizations.

Human Trafficking and Internet Crimes Unit: The Human Trafficking and Internet Crimes Unit (HTIC) handles cases in which individuals have been victims of human trafficking through labor or sexual exploitation, regardless of whether the victim is a child or an adult. In addition, the unit handles cases where children are sexually exploited through digital communications, such as the internet. The individuals in this unit are trained to identify and protect trafficking victims and victims of internet crimes. They work with police departments to train officers to spot signs of human trafficking and complete thorough investigations. They also coordinate with police, businesses, and community groups to educate and increase awareness around these crimes and report suspected trafficking to the authorities.

The DeKalb County District Attorney’s Office has developed an anonymous online form where individuals can scan a QR code to report incidents of human trafficking. If you or your organization is interested in receiving training on the QR code below or on how to spot signs of human trafficking, please contact our office at 404-371-2561 and ask to speak with someone from the HTIC unit.

If you or someone you know is a victim of human trafficking, please see below:

Contact the Human Trafficking Hotline

If you suspect human trafficking, call the National Human Trafficking Hotline toll-free at (888) 373-7888.
To report suspected human trafficking in Georgia, call the Statewide 24-Hour Human Trafficking Hotline at (866) 363-4842.
If you have reason to believe that a victim is in imminent danger, call 911 or your local law enforcement agency to file a report.

Trial Division: Trial Division staff are responsible for prosecuting the majority of the criminal cases filed in DeKalb County. Its staff is divided into 10 teams — one assigned to each Superior Court Judge. Each team consists of two attorneys, two investigators, a legal assistant, and a victim advocate. Trial Division attorneys prosecute felonies ranging from theft by shoplifting to armed robbery to murder. The highly qualified and experienced staff handles bond hearings, motions, arraignments, trials, and probation revocations. Cases are thoroughly investigated to determine the most appropriate charges. They are then prosecuted in a manner that best serves the interests of the victim and the safety of the DeKalb County community.

SB440 (Juveniles Charged as Adults) Unit: The SB440 Unit handles serious violent felonies committed by juveniles (ages 13-16) under Georgia's Juvenile Justice Reform Act of 1994 (SB440), which allows serious cases to be tried in Superior Court rather than Juvenile Court.

DATA ELEMENTS DEFINED

CASES RECEIVED

Received: A case is received when it is opened in the District Attorney's Office. Before a District Attorney case begins, there must be a felony criminal matter that leads to the arrest of a suspect. Upon arrest, the suspect is booked into the DeKalb County Jail. The arresting agency will send a report to the District Attorney's Office, summarizing the facts that led to the arrest. At which time, the District Attorney’s Office creates a case (ex., Dxxxxxxx) based on the information provided.

CASE DECISIONS

Filed: For the District Attorney's Office, "filing a case" means deciding to move forward with prosecution. The case is sent to a Grand Jury, where 23 citizens will hear testimony and review evidence relating to the incident. The Grand Jury will determine whether there is sufficient evidence to bring an indictment to trial. Similar to indictments, prosecutors may also decide to "file a case" by way of accusation. Accusations are used for misdemeanor crimes where a Grand Jury is not required. Once indicted or accused, the case is considered filed and its number is changed from a D# (Dxxxxxxx) to a CR# (xxCRxxxx).

Declined for Prosecution: This means that after a thorough investigation and review of the evidence, a prosecutor has decided not to pursue formal criminal charges, effectively dropping the case. This may occur when the accused completes an alternative program, resulting in the case being dismissed with no conviction, or due to insufficient evidence to prove the case beyond a reasonable doubt. Once a case is declined for prosecution, also known as "not presented to the grand jury" or NPGJ, the case is considered closed; however, it may be reopened later if new evidence emerges.

Referred to Diversion: After an Assistant District Attorney thoroughly reviews the facts and evidence in a case, they may decide the accused is a good candidate for a diversion program. They refer the case to the District Attorney’s Diversion and Community Alternative Programs Unit (DCAP) for consideration. A diversion program is an alternative to a traditional criminal prosecution that allows a accused to avoid a conviction by completing specific requirements, such as counseling, community service, restorative justice, or treatment programs.

Transferred: In the Office of the DeKalb County District Attorney, "transferred" means that a case is moved from the Superior Court to another court, such as State Court, Juvenile Court, or Federal Court. This is often completed for efficiency reasons or in relation to the severity of the crime.

DIVERSION

Referred: After an Assistant District Attorney thoroughly reviews the facts and evidence in a case, they may decide the accused is a good candidate for a diversion program. They refer the case to the District Attorney’s Diversion and Community Alternative Programs Unit (DCAP) for consideration. A diversion program is an alternative to a traditional criminal prosecution that allows a accused to avoid a conviction by completing specific requirements, such as counseling, community service, restorative justice, or treatment programs.

Accepted: After a referral is made, DCAP will review the facts of the case and the accused's criminal history to determine eligibility. If eligible, the case is accepted into the appropriate program(s). At which time, the accused must enroll in said program and successfully complete it to avoid a traditional prosecution (i.e., conviction).

Denied: If DCAP staff review the case and determine the facts and/or the accused’s criminal history do not make them an appropriate candidate for diversion, DCAP denies the case. The case then goes back to the referring unit for criminal prosecution.

Terminated: This means a accused was removed from a diversion program for failing to meet its requirements, which results in the case being sent back for prosecution. In other words, the charges are reinstated, and the accused faces prosecution based on the original charges. Termination is the opposite of successful completion, which results in the dismissal of charges and record restriction.

Pending: "Pending" in a diversion program means the criminal case is on hold, not dismissed, while the accused completes specific requirements (like counseling, community service, or fees). Participants who complete the program will receive a dismissal of the charges and record restriction (formerly known as expungement).

Completed: This refers to individuals who complete all diversion requirements and have their case fully dismissed and their record restricted.

Pretrial Diversion: Pretrial Diversion is a diversion program. Participants in Pretrial Diversion complete conditions tailored to their specific criminal charges, aiming to break the cycle of criminal activity. Those conditions may include restitution to victims, counseling, classes, and community service. Participants who complete the program will receive a dismissal of the charges and record restriction (expungement).

STRIDE: STRIDE (Stopping Trends of Repeat Incarceration with Diversion and Education) is a diversion program for youth ages 17 to 24, who have been arrested for serious felony offenses and have a history of involvement in the juvenile court system. The program is intended for young people charged with felony offenses for the first time. Designed with young adults’ unique developmental needs in mind, STRIDE aims to provide more intensive, guided support than the District Attorney’s Office’s self-guided Pretrial Diversion Program. Its goal is to steer young people away from reoffending as they enter adulthood by strengthening their connections to school, work opportunities, and community resources. Participants who complete the program will receive a dismissal of the charges and record restriction (formerly known as expungement).

Caregiver Diversion: Caregiver Diversion is a diversion program for parents and legal guardians. Participants engage in services like parenting classes, mental health support, or substance abuse treatment. The program is designed for individuals charged with crimes related to parental discipline. Participants who complete the program will receive a dismissal of the charges and record restriction (formerly known as expungement).

RJGA: RGJA (SPELL OUT THE ACRONYM) is a restorative justice pilot program. Restorative justice is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the broader community.

Please note that other diversion programs are available and administered by DeKalb County Superior Court. The Office of the DeKalb County District Attorney's Data Dashboards highlight

the diversion programs offered by our office.

CASE CLOSURE

Case Closure: A criminal case that is prosecuted to its fullest extent can have several possible outcomes, including conviction (accused found guilty by plea or trial), acquittal (accused found not guilty by trial), or dismissal, including as the result of the successful completion of a diversion program by a accused. In the DeKalb Judicial Circuit, these outcomes are referred to as dispositions.

Guilty Plea: A guilty plea is an assertion of guilt by a accused in response to a criminal charge/offense against them. A accused may plead guilty if they actually committed the crime (or a lesser included offense to the original crime) and admit to doing so. A guilty plea results in a conviction and waives the accused's right to a trial.

Dismissal: This means that the Court has decided not to continue prosecution. This may occur when the accused completes an alternative program, resulting in the case being dismissed with no conviction, or due to insufficient evidence to prove the case beyond a reasonable doubt. Once a case is dismissed, also known as "nolle prosequi dismissal" or Nol Pros, the case is considered closed; however, it may be reopened later if new evidence emerges.

Office of the DeKalb County District Attorney

Sherry Boston, District Attorney