Cobb County DUI Court

Cobb County DUI Court

Alternative Sentencing For DUI In Cobb County, Georgia Many individuals charged with DUI are not aware that Cobb County State Court offers an alternative sentencing program for individuals charged with DUI. When a driver is arrested in Cobb County for a misdemeanor involving a driving under the influence of alcohol offense or driving under the influence of drugs, he or she is randomly assigned to one of the Cobb County State Court judges. Although most Cobb County State Court judges are similar in the way they typically sentence DUI offenders, sometimes sentences can vary depending upon to which judge a defendant’s case is assigned. For this reason, it is important to hire a local Cobb County attorney who is very familiar with each judge’s reputation for sentencing individuals charged with DUI. Under certain circumstances, it may be preferable to apply for DUI Court, which is best suited to those individuals who have been convicted of prior DUI offenses. An individual’s election to participate in the program is voluntary, so one cannot be assigned to DUI court unless and until one applies for admission to it. Once admitted, an individual must complete the entire program which requires a 24-month commitment. This program emphasizes treatment rather than punishment or incarceration, offering counseling which focuses on drug and/or alcohol abuse. To be eligible for the program, applicants must: be charged with their 2nd DUI in ten years or 3rd or more in their lifetime; have sufficient charges to support a 24-month sentence (In other words, the defendant must be charged with at least two misdemeanor charges to which he will be pleading,...
Georgia Diversion Programs as Alternatives to Criminal Sentences

Georgia Diversion Programs as Alternatives to Criminal Sentences

If you are a first-time offender and have never been arrested before, you may be eligible for one of many diversion programs that are available in your court. Before pleading guilty to any sort of a criminal offense, you should first inquire about the availability of such programs. What is diversion?  Simply put, diversion is an alternative to a criminal sentence, and many courts offer diversion programs but do not always offer it initially. Rather than going before the Judge and pleading guilty to an offense, an offender may have the option of performing community service or perhaps undergoing drug screens or alcohol treatment instead of being prosecuted. Who is eligible for diversion in Georgia? Typically, diversion programs are available to first-time offenders who have not previously been arrested or convicted of a misdemeanor or a felony offense. However, most courts will not disqualify an individual from diversion if his/her prior convictions are for minor traffic offenses.  In addition, some jurisdictions will allow you to participate in diversion even if you were previously arrested but were never convicted of a prior misdemeanor offense. The restriction concerning your eligibility for diversion will vary from court to court. In order to consider all options, you should consult with an attorney who is familiar with the court in which you are charged before assuming that a prior arrest or conviction will prohibit you from participating in such a program. In those jurisdictions where a prior arrest will typically disqualify you from participating in diversion, exceptions are often made depending upon many factors such as how long ago the prior arrest was, what...
How Does the Cobb County Diversion Program Help People Facing Criminal Charges?

How Does the Cobb County Diversion Program Help People Facing Criminal Charges?

Criminal convictions can have a profound effect on your ability to find a job or a place to live ¾ potentially for the rest of your life.  But accused or indicted individuals who meet a strict set of requirements may qualify for the Cobb County diversion program in lieu of normal criminal prosecution. Avoiding prosecution affords individuals who successfully complete the program with distinct advantages while decreasing the burden on the criminal courts. The program is available to Cobb County residents at least 17 years old with no prior criminal record when they meet all requirements identified by the Cobb Judicial Circuit guidelines. Some of the primary requirements include: Response to the diversion petition by the victim of the crime Agreement by the offender to meet the program requirements Performance of community service Gainful employment or full-time student status unless the offender is a homemaker The pretrial diversion program in Georgia does not accept individuals charged with violent or most drug-related crimes. And even after the Assistant District Attorney identifies a person as a possible candidate for the program, he or she must undergo a detailed investigation of personal history, criminal record, employment and other considerations. But successful completion of the program results in dismissal of the charges, allowing offenders to continue their lives without the stigma of a criminal conviction on their records. The criminal defense lawyers at Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP have extensive prosecution and judicial experience, allowing us to develop an effective defense for their clients. Whenever possible, we look into any legal options to avoid prosecution to help clients emerge from...