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Cobb County Municipal Court 

Lawyer Cobb County Ga
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If you have been charged in Cobb County, Georgia, your case will either be held in of the many municipal courts, the State Court of Cobb County, or Cobb County Superior. There are 6 cities that make up the county of Cobb: 

 

  • Marietta 

  • Acworth

  • Austell 

  • Kennesaw

  • Powder Springs 

  • Smyrna 

 

If you or a loved one has been arrested for a DUI in Cobb County, Georgia your 30-day window to either request an administrative license hearing or install an ignition interlock device on your vehicle has already begun counting down. 

 

Call Teague Law today for a free consultation to discuss your options and how to avoid a 12-month Automatic license suspension. 

 

If you were cited inside the city limits by one of the city officers, your misdemeanor case will likely begin in that city municipal court. Any felony, no matter where located in the county will automatically be heard in the Cobb County Superior Court. 

 

If you were cited for a misdemeanor by Cobb County Police or Georgia State Patrol, your case will be heard in the Cobb County State Court and will not begin in one of the municipal courts. 

 

If you were cited by a city officer and have a court date pending in one of the municipal courts in Cobb County, you may elect to transfer your case to the State Court of Cobb, County by requesting a Jury Trial. This is a very important decision and can affect the result of your case and should only be done so with the consultation and advice of an experienced Cobb County Attorney.  Once a case is transferred out of a municipal court, it cannot be transferred back. 

 

There may be many reasons why one would want to resolve their case within the municipal court versus transferring to the State Court of Cobb County. Many times, scheduling can be much easier and more flexible in the municipal courts. Additionally, punishment many times is less harsh in one of the municipal courts and an accused may be able to go non-reporting on probation from the first day of their sentence if they have all the conditions of their sentence met at the time they close their case. This is much harder to do in Cobb State Court and most Cobb County State Court Judges will require at least a period of time on reporting probation. 

 

Furthermore, if you are charged with an offense eligible for a pre-trial diversion program, such as minor in possession, Possession of Marijuana or misdemeanor shoplifting, many of the pre-trial diversion programs in the municipal courts can be less harsh than the rigid structured diversion program available in Cobb State Court. For example, in Kennesaw Municipal, the Court will allow the accused’s attorney to supervise the program versus a probation officer or other officer of the court. If a client can complete all the conditions of the program before coming to court with their attorney, the diversion will begin and terminate on the same day – the day of court. This will save the client time off work from having to attend monthly meetings with the court to ensure they are in compliance. 

 

Navigating this process can be confusing. We understand this and believe the court system is not designed for self-service. At Teague law, we know the ins and outs of the Cobb County Judicial system. Let our years of experience work for you. 

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COBB COUNTY STATE COURT: 

 

There are a total of 12 Judges in Cobb State Court. Cases are randomly assigned by the order they come into the court to one of the 12 State Court Judges. While no attorney has control over which Judge is assigned, it is important to be familiar with each Judge and how they operate their courtroom. For example, in my courtrooms in Cobb State Court, an attorney can waive a calendar call appearance for their client by either signing for a Jury Trial date, or waiving a trial and scheduling a plea. This can be advantageous to clients because it allows the attorney to handle that court date versus having to take off work. However, there are a few Judges in Cobb County that will not waive the accused’s appearance at calendar. Having an attorney on your side that knows these nuisances is important. 

 

DUI Charge in Cobb County Punishment

 

Jail Time:

 

  • First DUI Arrest: Minimum jail time of 10 Days jail time, however all but 24 hours of those 10 days can be served on probation. 

  • Second DUI Offense (within 10 years): Minimum jail time of 90 days minimum, however all but 72 hours of those 90 days can be served on probation. 

  • Third Offense (within 10 years): Minimum jail time of 120 days minimum, however all but 15 days may be probated by the Judge. A third DUI offense within a ten-year time period is deemed as high and aggravated and can result in higher fines and day for day jail time instead of two-for-one credit for jail time.  

 

Other Sentencing Conditions: 

 

  • First DUI Arrest: Minimum fine of $300 up to a Maximum Fine of $1000.00 plus surcharges (which will almost double the original amount); 40 hours of community service, Risk Reduction Course (commonly referred to DUI School) and a drug and alcohol evaluation with any recommended treatment. 

  • Second DUI Arrest (within 10 years): Minimum fine of $600 up to Maximum fine $1000.00 plus surcharges; 240 hours of community service, Risk Reduction Course (commonly referred to DUI School) and a drug and alcohol evaluation with any recommended treatment.

  • Third DUI Arrest (within 10 years): Minimum fine of $1000.00 up to Maximum fine $5000.00 plus surcharges due to the high and aggravated status; 240 hours of community service, Risk Reduction Course (commonly referred to DUI School) and a drug and alcohol evaluation with any recommended treatment.

 

Location: 

 

Cobb State Court is located right on the square in the heart of downtown Marietta. There are multiple garages for parking near the court. The parking garages do not accept cash – make sure you have a card on you. There is additional parking around the square, however these parking spaces have a two-hour time limit. Marietta Police will patrol the area and write tickets for those in violation of parking longer than 2 hours. 

 

The address for Cobb State Court is: 

12 East Park Square

Marietta, GA 30090. 

 

Cobb County Superior Court is located in a separate building behind the Cobb State Court building. Superior Court is located at: 

 

70 Haynes Street

Marietta, GA 30090

 

State Court Judges: 

 

  1. Judge Eric Brewton (Courtroom 1A)

  2. Judge Carl Bowers (Courtroom 3D)

  3. Judge Bridgette Campbell (Courtroom2B)

  4. Judge David Darden (Courtroom 4A)

  5. Judge Jason Fincher (Courtroom 2A)

  6. Judge Maria Golick (Courtroom 4B)

  7. Judge Marsha Lake (Courtroom 2C)

  8. Judge Jane Manning (Courtroom 3A)

  9. Judge John Morgan (Courtroom 3B)

  10. Judge Toby Prodgers (Courtroom 4C)

  11. Judge Allison Salter (Courtroom 3C)

  12. Judge Henry Thompson (Courtroom 2D)

 

 

Cobb County Pre-Trial Diversion Program: 

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Cobb County State Court provides a diversion program for offenders charged with shoplifting, Minor in possession and Possession of Marijuana. This structured program is ten (10) weeks in length and requires the accused to complete a series of classes and programs, pay a program fee as well as undergo drug testing. 

 

To apply and complete the diversion program, the participant must be represented by an attorney. The court uses the attorney to supervise the participate and provide updates to the court.    

 

Shoplifting Diversion Program Requirements: 

  1. 40 Hours of Community Service 

  2. Shoplifting Seminar 

  3. If Under 21 years of age, an Essay explaining what participation in the program means to you. 

  4. Clean Drug Screens 

  5. $150 program fee

 

MIP Diversion Program Requirements: 

  1. 40 Hours of Community Service 

  2. Letter from participant explaining where alcohol came from  

  3. If Under 21 years of age, an Essay explaining what participation in the program means to you. 

  4. Drug and Alcohol Evaluation 

  5. Victim Impact Panel 

  6. 3 Clean Screens 

 

Felony Pre-Trial Diversion Program: 

 

Cobb County Superior Court offers a diversion program for certain felony charges for select individuals. The pretrial diversion program is an alternative to prosecution of certain non-violent offenses including felony drug charges. Individuals that meet the criteria and are accepted to the program, are given a second chance at keeping their record clean from a felony charge. 

 

Acceptance into the program is considered on a case by case basis. This process is not designed for self-service as Cobb requires the accused to be represented by an attorney. Furthermore, having a Cobb County Diversion Attorney on your side advocating for your acceptance into the program is vital. Offenders are assessed into the program based on the nature of the crime, prior arrest history and the opinions of the victim (if applicable). 

 

Depending on the offense, those entering the program are required to pay a program fee, complete community service, submit to drug and alcohol testing at the Cobb County Drug Treatment Court Laboratory, complete drug and alcohol counseling (if drug related offense) and any other conditions required for the specific offense charged. 

 

While the Cobb County Felony Pre-Trial Diversion is a wonderful opportunity for a second chance, participants must be dedicated to complete the requirements. If a participant is terminated from the program, they risk a felony criminal conviction. 

 

If you are a loved one is charged with a non-violent felony in Cobb County, you may be eligible for the pre-trial diversion program. Call us today for a free consultation to discuss the best plan of action for your charges. 

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