DUI cases in Fulton County generally originate in the Municipal Court of Atlanta. They are usually “bound over” to state court by motion of the judge, prosecutor, or defendant. All parties have the right to send your case out of the municipal court to the state court.
Although prosecutors in this court are professional and courteous, they do not have authority to negotiate case dispositions other than to offer sentence recommendations on guilty pleas. For example, most prosecutors in Fulton County cannot offer reduced charges even when the defendant has excellent legal or factual issues.
This is why most attorneys will try to negotiate DUI cases with good legal and factual issues in the Municipal Court of Atlanta before choosing to send the case to Fulton County. If we send the case to Fulton County, we are expecting that we will conduct a trial, and the case will not be reduced.
Cases can take up to three years to come to trial in Fulton County State Court. It may take up to one year before the Fulton County Solicitor’s Office accuses your case and gives you an opportunity to be “arraigned” and begin the formal court process. See the Court Appearances to your left for a description of the different court hearings.
There are some circumstances where delay may be beneficial to your case. For example, the delay may allow you to complete substance abuse treatment or allow youthful offenders to reach the age of 21 to avoid more strict license penalties. If you are not able to suffer delays in your case, we may file a “Speedy Trial Demand” to cause the courts to bring your case to trial within certain time limits.
The Ryczek Firm lawyers will help you make the decision whether to keep your case in the municipal court or to bind your case to the state court after thoroughly investigation your case and discussing the benefits of each court with you. The Ryczek Firm lawyers will help you with your DUI defense in all the major cities in Fulton County, including: