How DUI Cases Proceed In Roswell Georgia

Posted by Richard Lawson | Feb 28, 2014 | 0 Comments

Roswell is an incorporated city in Fulton County, and it maintains its own city hall, police department, jail, and city court system.  Krista Young is employed as the City Solicitor for Roswell.  Ms. Young is an experienced attorney that is the prosecutor of cases that come to the Roswell GA Court. If you arrested for DUI in Roswell GA, you need to hire a Roswell DUI Lawyer.

On any given night, Roswell has police officers monitoring the streets of the city for traffic infractions.  This is especially true on the weekends near the busy restaurant area in the heart of Roswell.  If a driver is given a traffic ticket for most offenses, those tickets can be paid without the necessity of going to court.  If you want to try and get a better outcome such as negotiating a reduced charge, less points, or to keep a charge from being submitted to your record at the Department of Driver Services, a court appearance is needed.

Some offenses, like DUI and Hit and Run, require a court appearance.  The Roswell City Court has jurisdiction over these misdemeanor traffic offenses.  Some traffic offenses can be felonies if the driver's record includes prior offenses or in cases where a person is involved in a wreck with serious bodily injuries.  Fulton County Superior Court has exclusive jurisdiction over all felony cases that occur throughout Fulton County.

Your initial court appearance is called your arraignment date, and contrary to popular belief, the arresting officer is not required to be there and your case is will not be won if he or she does not show up.  At arraignment, you are offered the opportunity to speak to Ms. Young or one of her assistants about your citation to see if a compromise can be reached.  Such compromises are called plea-bargains. As a Roswell DUI Attorney, Richard Lawson understands how to work out the most favorable plea agreements.

If a settlement is reached, you can pay the ticket or enter the plea before the judge. If an agreement cannot be reached, you have the opportunity to have a trial.  A trial can either be a bench trial in front of a judge or a jury trial.  Your trial will not occur on the arraignment date.  The trial date would be at a later time.  If you elect to have a trial in Roswell, the only option is to have a trial in front of the judge.

The officer would be called as a witness by the prosecutor and you can cross-examine him or her.  You also have the right to testify on your own behalf or to remain silent.  You cannot be compelled to testify or offer any evidence against yourself in any court in the United States.  The 5th Amendment of the United States Constitution protects all citizens from being compelled to offer evidence in any criminal or quasi-criminal proceeding.

If you want a jury trial, the case will be transferred to Fulton County State Court.  For misdemeanors in Georgia, you are entitled to a jury of 6 persons. In Felony cases (in Superior Court) you are entitled to the protection of a jury of 12 persons. Our Roswell DUI attorneys are experienced in handling DUI cases in both State and Superior Court.

For serious offenses like DUI, the decision as to whether to enter a guilty plea or have a trial is a big one.  DUI can have a tremendous impact on your license and even your profession.  As a result, DUI cases are often litigated.  Many DUI trials are held in Fulton County each year.  Typically, it takes 1-2 years after the case is transferred from Roswell for it to show up in Fulton County on a court calendar.  This can be good or depending on whether a delay is something you want for your case.  Also, delay can cause evidence to be lost or witnesses to move away.  Generally, a delay is to the advantage of the defense.

If you are charged with DUI in Roswell GA, hire the top-rated Roswell DUI lawyers. We are here 24/7 to protect your rights and your freedom.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!