The Process generally consists of 3 Stages, they are:
Stage One - The Ticket- You get stopped and the Officer gave you a Traffic Ticket.
At this point you are now involved in the legal process and your options are limited, please click on the "Your Options" button on the left to see those options!
Stage Two - The Court Date - The date listed on your Ticket is your first Court Date or the "Arraignment". At this time you plead "Guilty", or "Not Guilty" or "Nolo Contendre".
- This is where you'll have to take time off work, go to the Court House, find parking, stand in line to get into the Courthouse (sometimes this line is short, sometimes really long, and it could be raining, snowing or you could wait in the heat or humidity), go through security, find the correct Courtroom, fill out a couple forms before the prosecutor will even speak to you, sit around and wait to talk with the prosecutor, talk with a highly educated and trained attorney (prosecutor) who represents the State of Georgia (and who looks out for the State's best interests) and then you'll have to decide to pay the fine or take it to trial. Oh, by the way, a trial will not happen that day, the officer does not have to be there at the Arraignment, but you have to! The three pleas are:
- Guilty - Admit the charge, possible points on your record, possible increased insurance costs and possible license suspension/revocation (depending on your driving history or the charge).
- Not Guilty - Your case will be set for a trial, click here for that fun.
- Nolo Contendre - Please click on and read "Nolo Plea" on the left to find out more about the Nolo Contendre Plea.
Once you make Your decision, You get to stand in another line to pay Your fine or get a new Court Date. Sometimes this line is short, sometimes really long.
Cobb County allows you to pay your tickets online at its website, but then you may have it reported on you driving history, which may add points to Your record and possible increased insurance costs.
This is a great way to waste a morning.
If you Hire eTicketAttorney, we will attend the Arraignment for You and try to resolve it at this stage so You don't have to go through all this!
Stage Three - The Trial - This is where someone else decides the outcome of your case. This could be a jury or a judge, you get to choose. Regardless, you are expected to be there on time with your evidence and witnesses, the judge will not give you time to go get evidence or witnesses and will not telephone your witnesses, they must be there. You will not be given special treatment because you are not a lawyer, you are expected to know the law, rules of evidence and trial procedure, just like a lawyer. The Officer will be there ready to testify and convict you (he will be in his uniform looking very sharp, he has taken classes in how to testify and has testified in many trials). Also, you'll be against a highly educated and trained attorney who does this for a living (called the prosecutor).
- You will have a choice between a "Bench Trial" (Judge decides the outcome) or a "Jury Trial" (6 Cobb County residents decide the outcome).
- Bench Trial - Where the Judge (generally the same judge as at your arraignment, you don't get to choose which judge you get) will hear the evidence and make the decision. This will be scheduled for about 6 - 8 weeks after the Arraignment on a Tuesday, Wednesday or Thursday afternoon starting at 1:30 pm. It does not matter if this time is inconvenient for you, you must work around the Court schedule, the Court will not work around your schedule.
- Jury Trial - Should you request a jury trial, you will be assigned a new judge (you don't get to choose which judge you get) where a 6 member Jury decide the outcome, eventually. It will be scheduled for a new Arraignment Date, which will be about 4 - 8 weeks later and you must personally be there (not a parent, spouse or good friend, it must be you). Thereafter, you will be given another Court Date, called the "Calendar Call".
- Calendar Call - This is where the Judge brings in all the pending criminal cases in that Judge's court. There is anywhere between 80 to 175 cases on these Calendars, depending on the Judge. This is designed to see the status of all these cases and see which ones will be tried in the upcoming trial period (2 -3 weeks immediately after the Calendar Call). You sit there and listen for your case to be called and tell the Judge if your ready for trial or, if not, why you are not ready. The Judge then tells you if he/she is willing to give you more time or not. The trial will not happen that day, the officer does not have to be there, but you have to each and every Calendar Call! The Judge will probably not give you an exact date and time of your trial, but rather put you on a 1 hour "On Call" status for the upcoming 2 to 3 week trail period.
- On Call - This means exactly that. When the Judge decides to try your case (referred to as "Reached"), the Judge's office will call you (you must give the judge a number where you can be reached at all times, otherwise you will have to come to Court everyday). Once you get that call, you have to drop what you are doing and immediately go to the Courtroom to start your case. Oh, by the way, you have to make sure your witnesses and evidence are there, it's your responsibility and no one else's. You will then pick your jury, have your opening argument, try your case, submit your evidence and have your closing statement, just like a lawyer (such as Mr. Casey) would.
- Return - If your case is not reached in that 2 – 3 week time period, then you come back each and every Calendar Call (generally once a month) until your case is reached. This may take many returns; it's not uncommon to take 3 - 8 or more Calendar Calls prior to your case being called for trial. It doesn't matter that you don't have enough vacation time or you have to work, you wanted a jury trial and you are getting what you asked for. This is how the system works and it will not make exceptions for you.
- Caveat - Many jurors get mad at people who have jury trials regarding a traffic ticket, unless you are blatantly innocent. This is because they have had to take time off of work to be a juror, they have other things to do too, and you are wasting their time for something that you (in their minds) should have paid to begin with (because they pay their traffic tickets at the Arraignment).
- This does not look to promising for you (this is why you should hire eTicketAttorney), but here are the two possible outcomes:
- You are found Not Guilty - No fine, points or penalties, you walk away. You get no restitution or reimbursement for the lost time, loss pay, or expenses you incurred to fight the ticket. This does not vindicate you; it only means there was not enough evidence to prove your guilt beyond a reasonable doubt.
- You are found Guilty - You will be fined (which you will be required to pay right then and there or go on probation), possible reporting on your driving history, possible points on your driving history, potential increased insurance premiums, and possible license suspension/revocation (depending on your driving history or the charge).
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