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PLEA AND ARRAIGNMENT
▪ What is an Arraignment?
A
process by the Court used by the Court to advise
you of the charges against you, and more
importantly, it is for you to tell the Court how
you plead to the charges.
▪ What are pleas?
Answers to charges made by the Police Officer.
Three pleas are acceptable:
-
Not Guilty: Denies guilt.
Case is then set for a nonjury trial where
witnesses are subpoenaed, the Police Officer
appears, your witness(es) appear(s), and
demonstrative evidence is used by either side.
-
Guilty: Admission of guilt.
Court enters appropriate fine, probation, or
jail sentence. You must read,
understand, and sign a Plea Proceeding
Agreement and Waiver of Rights form.
-
Nolo Contendre*: Neither an
admission or denial of charges. States
that you are not contesting the charges and do
not want a trial, and is admission that you
believe the city would prove the charges, if
not rebutted by your evidence. This plea
is accepted at the Court's discretion.
* Not used against you as an admission of guilt.
▪ If I plea "not guilty" will my case be
tried on the same day?
No. Your original court date is an
arraignment date for you to enter a plea of
"guilty" or "not guilty". A "not guilty"
plea requires a trial date to be established by
the Court. At that time the officer and
any witnesses involved in your case will be
subpoenaed to be in Court to appear before the
Judge in a bench trial.
Guilty Pleas that must be heard before the
Court
▪ Any offense that involves loss of
driving privilege.
▪ Any offense that involves
incarceration:
-
Driving under the influence of alcohol or
drugs
-
Driving on a suspended license
-
No
insurance
-
Reckless driving
-
Aggressive driving
-
Possession of less than 1 ounce of marijuana
-
Fleeing and/or attempting to elude a Police
Officer
FINES
▪ Who sets fines?
Fines are set by the Mayor and Council for
pretrial disposition.
▪ What is the maximum fine that can be
imposed?
$1,000.00 per citation.
▪ What is the maximum time of incarceration?
Up
to one (1) year.
▪ Are there costs other than the basic fine
amount?
Certain offenses have surcharges that have been
imposed by the State of Georgia that are added
to the fine payable to the City of Austell.
These surcharges are passed on to the
appropriate state or county agency for which
they are collected.
TRIALS
▪ Do I have a right to a trial by jury?
Austell's Municipal Court does not have jury
trials; however, if your case qualifies, it can
be bound over to Cobb County State Court. A trial
date will be assigned to you by Cobb County, and
it will be your responsibility to keep Cobb
County State Court informed of your location.
▪ What is a bench trial?
The trial is conducted by the Judge as the sole
trier of fact; however, his decision may be
appealed to Cobb County Superior Court within 30 days
of the decision. |
