Cobb County and Marietta Criminal Defense Attorney John W. Rife

HERE IS A BASIC IDEA OF WHAT YOU CAN EXPECT IN A "TYPICAL" CRIMINAL CASE IN COBB COUNTY

COBB COUNTY MAGISTRATE COURT

Some Misdemeanor cases start in Cobb County Magistrate Court. The Cobb County Magistrate Court basically has two functions: The first is within 72 hours after you arrest, the court makes sure the accused is told about the nature of the charges against them, to set bond if they are entitled to bond. This is typically done at the Cobb County Detention Center and is not a probable cause hearing. That is, the magistrate judge does not examine the evidence against the accused to see whether there is probable cause to hold them. Just about all charges are allowed to have bonds set in the Cobb County Magistrate Court.
If the accused is not bonded out of jail, they may ask for a probable cause and bond hearing. This is almost always done by a lawyer. At this hearing before a Cobb County Magistrate Judge, evidence is presented to see if it is more probable than not that a crime was committed, and if there is too high of a bond set, the attorney can argue to lower the bond. If there is enough evidence the case is "bound over" to the Cobb County State Court.

COBB COUNTY TRAFFIC COURT AND OTHER COBB COUNTY MUNICIPAL COURTS

Whether you have been charged in the City of Marietta, Powder Springs, Acworth, Smyrna or any other city in Cobb County or you are in the Cobb County State Court Traffic division, you have the right to a trial by a jury. None of these Courts have the authority to give you a jury trial. If you wanted a trial, your case would be "bound over" to the Cobb County State Court, Jury trial Division, where you would get a new judge, a new Cobb County Solicitor and a trial before 6 people. There are advantages and pitfalls to doing this and you SHOULD CONSULT A LAWYER BEFORE MAKING THIS DECISION.

COBB COUNTY STATE COURT

The Cobb County Solicitor's Office files a formal charge called an accusation.Once charged, the next step is formal arraignment. This is a short appearance in which a plea is entered and typically motions at request of the Cobb County Solicitor's file are filed by the attorney for the accused.

The court appearances now become more frequent and the accused will sometimes feel lost in the system. The reason for this is because a majority of those appearances are called calendar calls. Calendar calls are court appearances where the accused, Cobb County Solicitor's Office, the defense counsel, and the judge all appear in court to announce their positions about being ready for trial. In most Cobb County State Court's this process occurs frequently. These appearances are in addition to motion hearings.

As the months ware on, the accused case gets farther up the docket and is called in for trial. The accused is entitled to a 6 member jury.

There are numerous avenues they can't be taken that cannot be fully explained on this website. If you need assistance with a Cobb County Misdemeanor matter contact attorney John W. Rife.

 

Rife Law Firm
Cobb County Criminal Defense Law

Marietta office:
166 Anderson Street, Suite 118
Marietta, GA 30060
Phone: (678)-331-3131

For a free phone consultation on a Cobb County criminal matter or to speak with an experienced attorney, call or e-mail John W. Rife. 

Credit cards accepted; Free phone consultations; Payment plans available ; Located less than 1 block from Marietta Square; Saturday appointments available

John W. Rife, Attorney at Law is located in Marietta, Georgia and assists clients in Cobb County, including Acworth, Austell, Powder Springs, and Smyrna, GA.