Shawn Bible Law Main: (706) 375-2145
Ringgold: (706) 935-8864
Shawn Bible - Lawyer in NW Georgia

What court will my case be heard in?

One of the first things an attorney has to do when deciding whether to handle your case is to determine where the case will be heard. I practice law mainly in the Lookout Mountain Judicial Circuit.  That means for the most part I handle cases in Catoosa, Walker, Dade, and Chattooga counties in North Georgia.  As part of my practice I represent people in DUI cases and other types of misdemeanor offenses as well as Family law.

The first question I have to ask people when they call for consultation and criminal cases is what court is your case in and where were you arrested?  One of the obvious reasons I ask the question is to know whether the person’s case will be in a County that my firm works in.  However, I also ask the question because each County has several criminal courts.

For example, if you are arrested for DUI in Catoosa County then your case may be heard in one of three courts.  If you are rested in the city limits of Ringgold or Fort Oglethorpe Georgia your case may be heard in that city’s municipal courts.  If you are outside city limits then your case will go to the Catoosa County state court.  This also holds true for the other counties in our judicial circuit and across the state. However, in some counties DUIs may be heard in the County Probate court or in some cases in that counties Superior Court if that County does not have a State Court.

I also handle civil cases such as divorce.  When it comes to divorce and other types of family law the answer to which court your case will be heard in is usually simple.  The Superior Court of the County the case will be filed in has exclusive jurisdiction over divorce and most other cases generally considered to be “family law”.  However, the Juvenile court of each County handles cases that could also fall under the general category of “family law” in cases where someone either an individual or the Department of Family and Children Services allege that the child is deprived.

Other types of cases can also be heard in multiple courts depending on several factors.  I hope the above discussion about what cases are heard and what courts is helpful.

 

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Pretrial diversion in Georgia

 

A term you hear increasingly in criminal litigation is “pretrial diversion”.  What is pretrial diversion?  In Georgia, in some cases a prosecutor has the authority to enter into a pretrial diversion agreement with a defendant to resolve his case.  Basically, a pretrial diversion agreement is where a defendant agrees to do certain things and upon completion his or her case will be dismissed and eligible for expungement/record restriction.

In Georgia, Prosecuting attorneys pursuant to O.C.G.A. 15-18-80 are authorized to create and administer a pretrial intervention and diversion program to provide an alternative to prosecuting offenders. Entry into the program is at the discretion of the prosecuting attorney.  A prosecutor usually has guidelines as to who may enter the program.  Factors a prosecutor may consider are the following:

  • the nature of the crime
    • the prior arrest record of the offender
    • the notification and response of the victim

No prosecuting attorney may accept any offender into the program for an offense for which the law provides a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated, or deferred.  Therefore, DUI cases are not eligible for pretrial diversion since at least the 24 hour jail sentence is mandatory.  The prosecuting attorney is authorized to assess and collect from each offender who enters the program a fee not to exceed $1000 for the administration of the program, and to collect restitution on behalf of victims (this number has changed in the past and may very well change again in the future).

With that said, why with the defendant want to do a pretrial diversion?  The most common reason is that a pretrial diversion if completed will allow the defendant to have the record expunged/restricted.

If you have been arrested you should always seek the advice of an attorney before court.  Pretrial diversion’s might be a great way to resolve your case but speak to an attorney before you enter into such an agreement.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.