People frequently ask me why the transfer of their case to Fulton County State Court from the Atlanta Municipal Court or other municipal courts within Fulton County is so slow. The transfer of the file isn't necessarily slow. The Atlanta Municipal Court is located about 5 blocks from the Fulton County State Court, so many people are (understandably) puzzled by the 16 or so-month delay in the initiation of a prosecution in the Fulton County court system.
The delay is typically caused by the Solicitor's Office backlog on the filing of accusations.
WHAT YOU NEED TO KNOW ABOUT THE DELAY IN YOUR ATLANTA DUI CASE BEING TRANSFERRED TO FULTON COUNTY STATE COURT
- Understand why your Atlanta DUI lawyer is asking for the case to be transferred to the Fulton County State Court. Get an evaluation of the case before you consent to the transfer of the case. Your lawyer should be capable of articulating in simple terms why the case should be transferred. He/she may believe that the case can only be won in front of a jury. Or, your lawyer may believe that your case is not defensible and simply wants to see if the case is timely prosecuted but the Fulton Solicitor's Office? Either way, you want to know, and you want to know sooner rather later. You need to know what your lawyer's plan is for your Atlanta DUI case.
- Make sure that you do not create delay in the transfer of your case in the Atlanta Muncipal Court. It is very important that you do not cause delay in the Atlanta Municipal Court or in the Fulton County State Court. Doing so could result in the denial of a later constitutional speedy trial motion.
- If you were arrested by the Atlanta Police Department, view your video before the case is transferred to the Fulton County State Court. You will not be able to get access to the video in the interim period before the case is accused in the Fulton County State Court.
If you have questions about your Atlanta DUI case and whether it should be transferred to the Fulton County State Court, contact The Sessions Law Firm at (470) 225-7710.
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