Arraignments and Trials begin at 3:00 p.m.. Please refer to your citation for your correct court date, as bond paperwork may have an incorrect court date. If you fail to appear in court on your scheduled court date a bench warrant will be issued for your arrest and your driver's license may be suspended after 30 days.
Certain offenses have surcharges that have been imposed by the State of Georgia that are added to the fine payable to the City of Austell. These surcharges are passed on to the appropriate state or county agency for which they are collected.
Austell Municipal Court does not have jury trials; however, if your case qualifies, it can be bound over to Cobb County State Court. A trial date will be assigned to you by Cobb County, and it will be your responsibility to keep Cobb County State Court informed of your location.
No. Your original court date is an arraignment date for you to enter a plea of "guilty" or "not guilty". A "not guilty" plea requires a trial date to be established by the Court. At that time the officer and any witnesses involved in your case will be subpoenaed to be in Court to appear before the Judge in a bench trial.
Guilty Pleas that must be heard before the Court
(1) Any offense that involves loss of driving privilege.
(2) Any offense that involves incarceration:
(a) Driving under the influence of alcohol or drugs
(b) Driving on a suspended license
(c) No insurance
(d) Reckless driving
(e) Aggressive driving
(f) Possession of less than 1 ounce of marijuana
(g) Fleeing and/or attempting to elude a Police Officer
It depends on the violation with which you were charged. The following are Must Appear Offences:
- Aggressive Driving
- Disorderly Conduct
- Driving under the Influence
- Failure to report an accident
- Fleeing and Attempting to Elude
- Gasoline Drive-Off
- Hit and Run
- Hindering Law Enforcement, False Name and Date of Birth
- Move Over Law
- No insurance ( If you had insurance at the time of the stop, please call or bring insurance paperwork to Court Services before your court date so we can call and verify that you were covered.)
- Open Container
- Public Drunkenness
- Reckless Driving, Laying Drag or Racing
- Revoked, Suspended or No Drivers License
- Shoplifting
- Speeding 30 Miles or more over the speed limit.
- Suspended or Altered Tag
- Text Messaging while driving. (Drivers under 21 only.)
- Under Age Possession of Drugs or Alcohol, Furnish/Sell Alcohol to Minor
- Unlawful Passing of School bus
- VGCSA (Marijuana)
- (Certain other violations may be Must Appear that are not listed here.)
ALL CITY ORDINANCE VIOLATIONS ARE MUST APPEAR
Failure to appear for any of these citations will result in either a warrant being issued for your arrest or your driver’s license being suspended. Additional costs could be added to your fine. Please call Court Services at (770) 944-4304 if you have any questions regarding your appearance in Court.
To determine the amount of your fine, please contact Court Services at (770) 944-4304 or (770) 732-7180.
Business hours are Monday through Friday from 8:30 AM until 5:00 PM. Court sessions begin at 3:00 PM.
Inclement Weather: If inclement weather requires the closing or a delay in court services, please tune to WSB Radio 750 AM or the Atlanta based television stations for any announcements. Be aware that even if certain Cobb County public schools or businesses are closed due to inclement weather, it does NOT necessarily mean that the court will be closed. The decisions of the Court may be different from those of the public school systems.
Any closings will be posted on our home page.
A plea is an answer to charges made by the Police Officer.
Three pleas are acceptable:
(1) Not Guilty: Denies guilt. Case is then set for a nonjury trial where witnesses are subpoenaed, the Police Officer appears, your witness(es) appear(s), and demonstrative evidence is used by either side.
(2) Guilty: Admission of guilt. Court enters appropriate fine, probation, or jail sentence. You must read, understand, and sign a Plea Proceeding Agreement and Waiver of Rights form.
(3) Nolo Contendre*: Neither an admission or denial of charges. States that you are not contesting the charges and do not want a trial, and is admission that you believe the city would prove the charges, if not rebutted by your evidence. This plea is accepted at the Court's discretion.
* Not used against you as an admission of guilt.
The trial is conducted by the Judge as the sole trier of fact; however, his or her decision may be appealed to Cobb County Superior Court within 30 days of the decision.
Failure to appear is defined as a defendant failing to appear for his/her scheduled Court date.
Some citations are payable without having to appear in Court. For these, you may simply pay the amount due at least 24 hours before the appearance date on your citation. If you fail to pay the citation or appear in Court, notice will be sent to the State of Georgia Department of Driver Services to begin the process that will suspend your license. An additional failure to appear charge will be added to your fine amount, and a warrant may also be issued for your arrest.
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REMEMBER: NON-PROFIT ORGANIZTIONS ONLY
It is recommended you complete a minimum of 8 hour per week.
You may go to more than one organization at a time; however, each organization must provide a letter on company letterhead upon completion.
The letter must include the following:
- Your name
- Number of hours completed
- Date
- Supervisors signature
Fines are set by the Mayor and Council for pretrial disposition.
What is the maximum fine that can be imposed?
$1,000.00 per citation.
Judicial Correction Services (JCS)
8355 Cherokee Blvd.
Suite 101
Douglasville, GA 30134
770-920-7897
All questions concerning probation such as appointments, violation of probation or warrants should be directed to their office, not Court Services.
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