In a Cobb County DUI case, the accused driver never has to plead guilty or enter a guilty plea. In each and every case, ranging from a speeding ticket to a felony DUI, you are entitled to a trial by jury. In order to convict for DUI, a Cobb County solicitor has to prove your guilty to a jury beyond a reasonable doubt. This is a high burden and a good DUI lawyer has many opportunities to punch holes in the Cobb County prosecutors case.
If you were arrested for DUI by a Cobb County police officer, your case will first show up for arraignment in traffic court. Traffic court rooms are on the first two floors at the Cobb County state courthouse in Marietta, GA and are not jury trial courts. This means that you have the opportunity to negotiate your case with the Cobb solicitor in these courts and enter guilty pleas. You also have the opportunity to have bench trials - or trials before the judge - in these court rooms should you enter a plea of not guilty. Bench trials are quicker to get and sometimes the best option if there is a strong legal or technical argument as to why your DUI charges are wrongful. If you want a jury trial, you can have your case "bound over" to a trial courtroom and trial judge. In these courtrooms, you will have another arraignment and there will be a chance for your DUI lawyer to file motions. After discovery is conducted and there is a motion to suppress, you will have a calendar call and then be on call for trial. Sometimes it takes a several months for your case to be reached as Cobb county courts get backlogged.
You should consult with a DUI lawyer as soon as possible to discuss what route would be the best way to contest your charges when facing a Cobb County DUI.
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