If an impaired driving case is suspected in the city, the driver’s case is automatically transferred to the city’s highly structured and hurried court system. The legal process seems to be a long one, and many people think that they have enough time to create a defense. The Atlanta Municipal Court’s reality is that it functions on a close schedule under a Case Flow Management Plan to move cases toward resolution or transfer within sixty days. The clock starts ticking when you’re taken to city jail — and the process is very complex. If they miss the court’s fast pace, it is possible they miss out on opportunities, rights are waived, and they are quickly convicted. This rapid speed is just the reason it’s important to get a dedicated Atlanta DUI Attorney right after your release to ensure your freedom and career for years to come.
An arraignment is the first official stage of the criminal justice system. If arrested over a weekend (Thursday night included), arraignment is virtually always the following Monday morning. Your arraignment is the next business morning if you are arrested on a weekday. So you could be released from jail and have to appear in court in just under a day. The arraignment is generally conducted in Courtroom 5A in which the judge will introduce the charges and request a plea. This is a very frightening prospect to go to court alone this fast. But there is a huge strategic benefit to employing legal counsel right away. If a person’s lawyer acts in advance of this date by filing an “Entry of appearance,” the person will not have to attend the arraignment at all. This will help to ensure you don’t lose a day of work or school on a whim.
The court maintains a very close grip on the court’s proceedings after the initial fast-tracked arraignment, conducting a series of check-ins. Status Hearing is a hearing held about 14 days after your arrest. The main goal of the appearance is to make sure the prosecutor has all the evidence needed from the arresting police and to determine whether the defense has obtained formal attorneys. An Inquiry Hearing is held around 30-days after the arrest. It’s at this point that the prosecution and defense are required to submit discovery reports and preliminary plea negotiations. The court employs these check-ins as a means to making sure that neither party is delaying proceedings. If you have an Atlanta DUI Lawyer on record, you won’t be required to show up for these dates. You’re not constantly having to go to court, since your counsel deals with these appearances for you.
The court conducts its regular status conferences, but the actual lawsuits occur when discovery is in progress. Discovery in a typical criminal case can go on for months, in the municipal system it is a race against the clock 60. The prosecutor tries to piece together police reports, official breathalyzer readings and key dashboard camera footage. At the same time, Attorney James Yeargan investigates the defense’s case with vigor and results. It’s the crucial moment when the defense looks for any holes in the state’s case. James Yeargan will review the arrest video frame by frame to see if the police officer had the proper probable cause for the traffic stop, whether the field tests were conducted properly according to federal standardized guidelines, and whether you were wrongfully arrested in violation of your constitutional rights. The defense establishes a huge bargaining chip to negotiate down to a lesser charge, such as reckless driving, or a full acquittal by challenging the procedural errors or successfully suppressing the evidence.
The turning point of the local municipal system comes at the sixty-day point, called the Final Plea Calendar. The court date to which you must appear with your attorney is a mandatory appearance, unlike the preliminary administrative hearings. At this point, the judge asks you to make your final decision on how you will resolve the pending charges. If your legal team is able to negotiate with the state an acceptable plea agreement, the terms of the agreement are read to the judge and the case is ended. If the agreement does not occur, or you are adamant that you are innocent and reject the State’s offer, you have to make your trial election clear. There are two choices: (1) ask for a bench trial before a judge of the Municipal Court without a jury, or (2) demand a jury trial. This is a crucial choice that will have a lasting impact on your legal defense.
It is so important to realize that the Atlanta Municipal Court has no constitutional authority to run a jury trial. If you and your defense counsel agree that taking your case to a jury of your peers is the best strategy, then your case must be transferred, or “bound over,” into the State Court of Fulton County. After your case has been resolved, a switch to the municipal system does not significantly alter the legal calendar. The sixty-day clock is thrown off, and the judicial system grinds to a standstill. It can take several months only to be re-arraigned in State Court and sometimes a year or more to even be seated with a jury for trial. If a case moves to State Court, it’s no longer the original prosecutor’s case and is in a completely new atmosphere where new negotiations are often more successful. This is a legal procedural labyrinth one must navigate and a legal tactician has to fight for you.
