Cobb County Criminal Court handles all criminal cases that are filed in Cobb County. See below for more information about criminal cases in Cobb County.
Sentencing in Cobb County
In Cobb County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Cobb County a public defender will be appointed by the judge if you cannot afford private representation.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Required Court Appearances in Cobb County
Any required court appearances in Cobb County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
What happens in Cobb County at an arraignment?
In Cobb County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Cobb County Prosecutor
For criminal cases in Cobb County, the prosecutor will be a representative of Cobb County. The Cobb County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
Where will Cobb County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Cobb County. See here for the location of the criminal courts in Cobb County.
Where can I get help for my Cobb County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Cobb County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
In a jury trial in Cobb County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
Cobb County Criminal Court Locations
Cobb County Superior Court
Address: 70 Haynes Street, PO Box 3370, Marietta GA 30090
Phone: 770-528-1300 Fax: 770-528-1382
State Court of Cobb County
Address: 12 East Park Square, Marietta GA 30090
Phone: 770-528-1246 (Criminal)
Cobb County Magistrate Court
Address: 32 Waddell Street, Marietta GA 30090
Phone: 770-528-8900 Fax 770-528-8947
Cobb County Juvenile Court
Address: 1738 County Services Parkway, Marietta GA 30008
Phone: 770-528-2220 Fax: 770-528-2561
Municipal Court of Acworth
Address: 4408 Acworth Industrial Drive, Acworth GA 30101
Phone: 770-974-0965 Fax: 770-966-8923
Municipal Court of Austell
Address: 5000 Austell-Powder Springs Road, Suite 175, Austell GA 30106
Phone: 770-944-4304 Fax: 770-944-9173
Municipal Court of Kennesaw
Address: 2529 J.O. Stephenson Avenue, Kennesaw GA 30144
Phone: 770-429-4531 Fax: 678-460-2843
Municipal Court of Marietta
Address: 240 Lemon Street, Marietta GA 30060
Municipal Court of Powder Springs
Address: 4483 Pineview Drive, PO Box 46, Powder Springs GA 30127
Phone: 770-943-8020 Fax: 770-943-4276
Municipal Court of Smyrna
Address: 2800 King Street, Smyrna GA 30080
Phone: 770-431-2804 Fax: 678-631-5420