July 23, 2024

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Courts in Cherokee County, Georgia

Courts in Cherokee County, Georgia

Courts in Cherokee County, Georgia

The staff members of Probate Court are restricted from giving legal advice. For this reason, it is generally best to consult a lawyer certified in Georgia.

The elected Solicitor General is responsible for prosecuting misdemeanor DUI cases in Cherokee County State Court. A good Cherokee County DUI attorney can assess a plea offer and determine whether it is worth taking or not.

Juvenile Court

Juvenile court in Cherokee County deals with issues like truancy, running away from home, and underage drinking. It also handles more serious offenses, such as theft, burglary, and assault. A judge decides punishments in juvenile cases, without the assistance of a jury. The penalties can include incarceration, probation, fines, community service, counseling, and other programs.

A teen’s case starts with an arraignment, in which the judge tells them about the charges and their rights. After that, they’ll have an adjudication hearing, during which the judge determines if they are delinquent.

A strong defense involves showing the court that a teen is not mature enough to commit certain crimes, and that a criminal conviction will significantly harm their future prospects. An experienced Cherokee County attorney could also work with the DA to try to keep a serious case out of adult court. A knowledgeable child advocate could even negotiate with a Superior Court judge to transfer the case back to juvenile court.

DUI/Drug Court

The DUI/Drug Treatment Court program combines substance abuse intervention with judicial support through an immediate sanctions and incentives process. Eligible participants referred by the Solicitor’s office may earn the dismissal of their current misdemeanor charges in exchange for successfully completing an approximate 12-24 month Drug Treatment Court program.

A conviction for driving under the influence of alcohol or drugs is a serious misdemeanor offense that can result in significant fines, jail time and the suspension of your driver’s license. A skilled Cherokee County DUI attorney can investigate your case for potential legal challenges and work to mitigate the impact on you and your family.

We can also represent you at your license suspension hearing, where we challenge the officer’s decision to suspend your license based on Georgia’s per se legal limit of BAC or refusal to submit to a state-administered chemical test. The burden of proof is very low at these hearings and our experienced DUI defense attorneys can often obtain a favorable outcome for you.

State Court

At the state level, trial and appellate courts are elected. Generally, voters choose candidates for four-year terms in trials court while higher courts have 8 or 12-year terms to free them from political influence.

District courts have general original jurisdiction over all cases except those appealed directly to the Supreme Court or those involving claims against the state. They hear cases involving property, family and domestic law, juvenile matters, misdemeanors, civil damage suits, probate of wills, administration of estates, guardianships, conservatorships, involuntary hospitalizations, marriage licenses and small claims.

Judges in State Court have a busy caseload and are always ready to hear new cases. Your lawyer will keep you updated on your court dates and advise you of whether or not you need to appear in person. Your attorney will also discuss a possible bench trial with the judge. This is often a better option than a jury trial. It can be more efficient and less expensive for everyone involved.

Municipal Court

Municipal court tries ordinance violation cases as well as criminal cases, including misdemeanors such as shoplifting and marijuana possession. Defendants in these cases are entitled to the same rights as those involved in any trial court case, which include the right to a jury trial (O.C.G.A SS 14-9-12).

Municipal courts must also carefully administer any fine add-ons, which are either percentages of the total fine or flat amounts that must be sent to different governmental agencies as prescribed by state law. This is a complex task that requires diligent clerks.

Like any trial court, municipal courts must have sufficient staff to allow for proper processing of cases and the collection of fees. In addition, all employees must be governed by the same set of ethical rules that govern judicial behavior. For instance, it is not appropriate for employees to engage in ex parte communication with parties before the judge and must refrain from giving legal advice (O.C.G.A. SS 14-9-13).