Atlanta Municipal Court vs. Fulton County State Court: What’s the Difference for Your DUI Case?
Being arrested for a driving while intoxicated in the city of Atlanta can be daunting. One of the many areas of confusion for the driver is which is the court with jurisdiction. You will most likely be told to come to the Atlanta Municipal Court, but as your case continues you will probably hear your defense team raising the possibility of transferring your case to Fulton County State Court. Knowing the differences between these two systems—and why your case could end up in one vs. the other—can be an essential part of developing a successful legal strategy.
The Atlanta Municipal Court is in the Downtown area, where misdemeanors, traffic violations and ordinance violations are processed and enforced where they happen within the city limits. Your initial appearance in court will be in an area such as Buckhead, Midtown, Downtown, or Virginia-Highland. This is the first court date and is called an arraignment. During your arraignment, charges will be formally presented to you, and you will plead not guilty, guilty, or nolo contendere.
It is important to realize that the big drawback of the Atlanta Municipal Court is that it isn’t a court of record, and doesn’t hold jury trials. In Municipal Court, any trial that takes place is a bench trial. That is, there will be only one judge to hear the evidence brought by the prosecutor and the defendant, to listen to the evidence and make the decision. Although some traffic violations can be dealt with in this situation, a DUI will have life changing implications and requires a firm, strong defense in front of a jury of your peers.
This is where the Fulton County State Court comes into play. Georgia law guarantees that all persons charged with a misdemeanor offense – including DUI offenses – have the right to a trial by jury. Since Municipal Court does not allow a jury trial, you have the right by law to ask that the case be removed from the City Court and brought to County Court. The legal action is called, binding over your case.
The change of venue to Fulton County State Court is just a change in the dynamics of your defense. Upon binding over, your case will be referred to the State Court in the Fulton County Justice Center Tower. Unlike the city prosecutor, the prosecution here is done by the Fulton County Solicitor General’s Office. More significantly, you’re granted access to a trial before a six-person jury comprised of local Fulton County residents. More often than not, it is better to present a DUI defense to a citizen jury comprised of individuals who are required to arrive at a unanimous verdict, as opposed to having one judge decide the case.
In addition to the right to jury trial, a case binding over to State Court offers strategic and tactical advantages. The transfer process restarts the clock in the procedure and allows your defense attorney time to fully investigate your arrest circumstances. This additional time provides the opportunity for a thorough review of the video footage, a review of maintenance histories for chemical testing equipment and a thorough legal motion to suppress evidence. It also provides more opportunity for negotiation with the county solicitor who might have a different evaluation of the evidence from the city prosecutor.
The process of determining whether to resolve a matter in Municipal Court or bind it over to State Court, however, is a complicated strategic decision that is very dependent upon the facts of the arrest, the Judge assigned to your case and the history of the arresting officer. The experienced Atlanta DUI Lawyer will know how to maneuver through these steps and have a clear understanding of court procedures.
If you are charged in both court systems, you shouldn’t take a chance with your future. You must have a dedicated legal advocate who can thoroughly review the evidence, understand court dynamics, and put in place the correct defense strategy in your case. A seasoned DUI Attorney Atlanta you can trust like James Yeargan will make sure your right to a fair trial every step of the way. The quickest way to protect your driver’s license, record and freedom after an arrest is to reach out to a professional right away.
