Clayton County State Court arraignment: pleas accepted, probation ordered and multiple bench warrants issued

Judge Tammy Long Hayward presided over the Clayton County State Court virtual arraignment calendar in January 2025, accepting pleas in two matters, ordering probation and restitution in one, releasing at least one defendant, and issuing bench warrants and bond forfeitures for several absent defendants.

The arraignment calendar is the first court appearance for cases that will proceed to trial, plea or other resolution, the judge told participants at the start of the session. "Everyone has the right to have an attorney to represent you. If you cannot afford an attorney, please let me know when I call your name and we discuss your case," Judge Hayward said.

Key outcomes

- State of Georgia v. Naeem Mujahid Moffett (case 2022cr00074): The court accepted a negotiated resolution in which the state moved to nolle prosequi (dismiss) count 1 and the defendant entered a no-contest (nolo) plea to count 2 (license not on person and giving a false name, address or date of birth). The factual recitation by the state placed the incident on July 27, 2021, at 681 Flint River, Jonesboro, Georgia, during a road safety check; the defendant initially gave a false name to conceal an outstanding warrant. The state's offer was count 1 nolle pros and count 2 with a $100 bond to be suspended; Judge Hayward accepted the plea to count 2, granted the nolle pros to count 1, ordered the $100 suspended for credit for time served, and released Moffett.

- State of Georgia v. Berkey Florvil (case 2022cr00084): The defendant entered a guilty plea under the Georgia First Offender Act to theft of services for an incident the state said occurred Sept. 13, 2021, at the TGI Fridays location in the airport concourse. The state recommended 12 months probation, a $200 fine, $30 restitution to the identified victim, and a stay-away order from the restaurant. Judge Hayward accepted the First Offender plea, ordered 12 months probation with reporting by mail or phone, restitution to be paid through probation (the restitution is to be the first payment), and advised that fines and fees will total $298 with service charges; probation may terminate on completion of payment and conditions. The court directed the defendant to speak with the probation intake specialist before leaving the calendar.

Other calendar actions

- Bench warrants and bond forfeitures were ordered for multiple defendants who did not appear: Rondell Maurice Blacher (the judge noted one case closed and another outstanding; a bench warrant and bond forfeiture were ordered), Emmanuel Deshaun Johnson (bond forfeiture and bench warrant recorded for cases listed as 2022cr00080 and 20244cr02226 in the calendar), Willie Lee Mann (bench warrant and bond forfeiture for cases 2022cr00141 and 2023cr01926; the court prepared an appointment order for the second case), Marble Javier Molina (bench warrant/bond forfeiture), Fulford Jaber Kim Shakir (bench warrant/bond forfeiture), and Lorena Tapia (bench warrant/bond forfeiture). In each instance the court made a on-the-record announcement that the defendant was not present and that the court would issue the warrant and forfeit bond as indicated.

- Michael Ladawn Smith appeared by video on a no-insurance charge. Judge Hayward confirmed Smith currently was not driving and released him from custody in that matter after counsel indicated the case would be handled; the court advised Smith to maintain registration and insurance when he resumes driving.

Procedure and court instructions

Judge Hayward reviewed the three plea options available at arraignment — not guilty, guilty and nolo contendere — and emphasized that defendants have the right to counsel, the right to a trial, and the right against self-incrimination. "By entering a plea of not guilty, you're telling the court that you wish to have a trial at a later date," she said. The judge also cautioned defendants who represent themselves about the difficulty of litigating without a lawyer and reminded commercial driver—s license holders to investigate collateral consequences before pleading.

Administrative details noted on the record included instructions for virtual participants to display their full first and last names on the screen and the court's practice of sending notices by regular mail rather than email.

What happens next

Defendants who were ordered to appear later will be scheduled and notified by mail. Those issued bench warrants or bond forfeitures remain subject to arrest unless they contact the court or their attorney and resolve the pending matters. Defendants placed on probation will receive intake instructions from the probation office to begin reporting by mail or phone as ordered by the court.

Quotes

"Everyone has the right to have an attorney to represent you. If you cannot afford an attorney, please let me know when I call your name and we discuss your case," Judge Tammy Long Hayward said at the start of the calendar.

"By entering a plea of not guilty, you're telling the court that you wish to have a trial at a later date," Hayward also explained while describing plea options.

Ending

After handling the remaining matters and directing one defendant to probation intake, Judge Hayward adjourned the calendar for the day and said she would sign orders and other paperwork submitted by the clerk.