THE APPEALS PROCESS FROM A CITY ORDINANCE TRIAL IN GEORGIA MUNICIPAL COURTS
By Ben Sessions on September 16th, 2016 in Criminal Defense
There are several municipal courts throughout Georgia that you have to be very careful in. For example, the Sandy Springs Municipal Court regularly seeks to impose exceptionally large penalties upon those charged with city ordinance violations, particularly prostitution, solicitation, and public intoxication charges. If you have been charged with a city ordinance violation that is seeking to impose what may seem like an exceptionally harsh sentence for a city ordinance charge, you and your lawyer must understand the appeals process from a city ordinance trial.
The first thing that you and your lawyer need to know about the appeals process from a city ordinance trial is how to stop the enforcement of the jail time imposed in connection with a conviction.
(a) Any person who has been convicted of any criminal or quasi-criminal offense or violation of any ordinance, in any inferior judicatory by whatever name called, except constitutional city courts or state courts, exercising criminal or quasi-criminal jurisdiction, who desires a writ of certiorari to review and correct the judgment of conviction in the case shall be entitled to a supersedeas of the judgment if he files with the clerk of the court, or, if there is no clerk, with the judge thereof, or with the commissioners if it is a court presided over by commissioners with no clerk, a bond payable to the state, or, if the conviction is in a municipal court, payable to the municipality, in amount and with security acceptable to and to be approved by the clerk, judge, or majority of the commissioners, as the case may be, conditioned that the defendant will personally appear and abide the final judgment, order, or sentence upon him in the case. The bond, if payable to the state, may be forfeited in the same manner as any other criminal bond in any court having jurisdiction. If the bond is payable to the municipal corporation, it may be forfeited according to the procedure prescribed in the municipal ordinance or charter. Alternatively, an action may be brought on the bond in any court having jurisdiction. Upon the giving of bond the defendant shall be released from custody in like manner as defendants are released upon supersedeas bonds in criminal cases where a notice of appeal has been filed.
O.C.G.A. § 5-4-20.
If you have a question about a trial upon a city ordinance charge in a municipal court, contact The Sessions Law Firm today.
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