Got a traffic ticket in Georgia? Don’t sweat it – here are some tips to help you prepare for Traffic Court:
Do your research
What are your charges?
Before you go to court, know what you’re actually charged with. Did you get one ticket, or three? Have you looked up what laws you’ve been accused of breaking? What about the consequences, in a worst-case scenario, if you end up getting convicted of the charge(s)?
You’re responsible for what you know or don’t. It’s never a bad idea to at least talk to a local lawyer to ask, hey, what are my rights. If you’re looking on Google, make sure you verify any information you find with someone who actually knows – like a lawyer.
Who is the judge on your case?
Another thing to keep in mind is the court – or “jurisdiction” – you will have to go to for your traffic case, and who your judge is. Some judges are more strict and follow the book (even when they arguably don’t “have” to), others are more lenient and only follow the book when they do, by law, have to. By book, we mean the generally accepted ways to handle a case, on top of what is legally in the actual law books.
Know your judge – hiring a local lawyer who is in front of the same judges over and over again could be a bonus to your case in that the lawyer can tell you about the judge and know what to expect, as a general rule. Judges are people too, so they can always change their minds or ways of doing things – but at least you would have some idea of what could be expected to happen in court.
Know who the players are
Before you go to court, it’s a good idea to get familiar with the main people who will be involved in handling or directing your case.
Prosecutor
A traffic court prosecutor is an attorney who represents the state of Georgia in a traffic court hearing. They are responsible for presenting the case against you and arguing on behalf of the state. They control any negotiations in your case, and if you go to trial, they will be arguing against you, to try and prove beyond a reasonable doubt that you are guilty of the traffic offense. While they may be friendly, they are not your friend, and they have no obligation to help you or tell you possible consequences about your case.
Defendant (aka: you)
In your case, the defendant is you – you’re the one who has been accused of breaking Georgia traffic laws, and now you’re in court to defend yourself, or accept responsibility if you concede that you did break the law. You are 100% responsible for defending yourself in court against the charges brought against them by the prosecution – whether by self-representation also known as “pro se”, or by hiring a lawyer to fight on your behalf.
Judge
A traffic court judge is the final say-so authority who presides over your traffic court hearing. Most of the time, the traffic court judge will decide both the facts – what they believe actually happened – and if you are guilty or not. Sometimes, you can get a jury trial and then the jury is in charge of the facts and guilt – but the judge still controls and manages the courtroom. They are responsible for ensuring that your court proceeding is conducted fairly and in accordance with the law. If you end up entering a plea deal to your charges, it’s up to the judge to accept it and hand down your sentence, or the list of consequences you have from your guilty plea. They are the authority in the courtroom, so make sure you are respectful to them and their instructions at all times. Especially because the way they make sure order stays in the courtroom is by having the ability to throw anyone who disrupts into jail immediately as being in contempt of court. But if you’re respectful, even if you don’t agree with the judge, this is not likely to happen.
Clerk
A traffic court clerk in the state of Georgia is an employee of the courthouse who assists the judge in presiding over your traffic court case. They are responsible for storing and organizing court records, handling administrative duties, and making sure everyone signs the correct documents. If you ever need any copies of your paperwork, the clerk is the one who will get it for you. The clerk’s office also keeps records of accounting and any fines you may have to pay. Sometimes, the clerk will also be in charge of setting your court date and making sure you get notice of it in the mail or when you leave court.
Bailiff
A traffic court bailiff can be either an employee of the courthouse or a deputy sheriff or police officer. The bailiff’s job is to make sure the court runs smoothly and orderly. A bailiff can help you find where to go for your case and make sure you’re in the right place. They will also pass paperwork back and forth between you and the judge or other parties in an official court hearing. If they are a deputy or officer, they are also in charge of security in the courtroom. If there are jury proceedings, the bailiffs make sure the jury gets escorted in and out and makes sure no one bothers the jury when they’re in the jury room – along with taking any notes the jury may have while they deliberate to the judge.
Court Reporter
Court reporters are usually up near the front, by the clerk and the judge. Their job is to record word for word everything that everyone says in an official court hearing – such as a jury trial or entering a guilty plea to a traffic ticket. It’s important to speak up so the court reporter can accurately record what you’re saying. And, if you’re like me, it’s important to speak at a normal pace, otherwise the court reporter may politely interrupt you to ask you to slow down – something that’s happened to me more than once, though I try to be conscious of my speaking pace ahead of time. But sometimes, you just get excited and talk fast.
If you ever need a copy of your court transcript – the official record of everyone’s words in your hearing – you’ll contact the court reporter and they’ll tell you how much it will cost and give you a time frame of when you can pick it up. These transcripts are important if you think the judge made a wrong decision in your case and you want to appeal it – you need the transcript to show what the judge did and why you’re arguing it was wrong.
Lawyer (if you’ve hired or been appointed one)
Whether you hire a lawyer or you get a court-appointed lawyer because you can’t afford one, the lawyer is the best advocate and person to have on your side in the courtroom. Everyone else is, at best, neutral, and, more often than not, is against you. No one is doing you any favors – except yourself and your lawyer, if you have one.
The lawyer will be able to speak on your behalf to the court and in any court hearings. If you go to trial, they will fight against the prosecutor’s case. Pre-trial, they’ll try and negotiate with the prosecutor based on your record, any classes or community service hours you may have done, and the weaknesses of your case, to get any sort of reduction possible without having to fight it out in trial. They’ll make sure you don’t miss any court dates, and to appear for you if it’s a court date you don’t have to go to. They make the traffic court process way more convenient and understandable.
Not all traffic tickets come with a court-appointed lawyer. You’ll have to check your jurisdiction and make sure they offer a court-appointed option. Usually you can ask a clerk or bailiff and they can point you in the right direction. If you do want to apply, be prepared to submit financial income and other documentation so your application can be evaluated to make sure you qualify for the program. Otherwise, you could be rejected if you don’t get the required information to the court, even if you would qualify based on your financial situation.
It’s okay to ask for time to hire a lawyer
Right to an attorney
Remember – even if you show up to your first court date without an attorney, you still have that right, up until the point you enter your plea or start a trial on your charges. If you show up to court thinking “yeah, I got this” but once you get in court, you realize you may actually want a lawyer after all, don’t worry. It’s totally acceptable to ask for more time to get an attorney. But, don’t wait too long to do this, otherwise you could have been found to waive this right to an attorney – like if you waited until it was time for trial and everyone was ready to go on your case, and then you say “uh, I’d like a lawyer now, please, can I have more time.” That won’t work – although the court will allow you a few minutes to try and hire an attorney on the spot if they’ll get to the courtroom in enough time.
The same applies if you want to apply for a court-appointed attorney. Make sure you ask in enough time. And it doesn’t hurt to apply and also call some private lawyers too, in case you are denied a court-appointed attorney – or you find out that private lawyer doesn’t cost as much as you thought.
Most courthouses do a courtesy reset if it’s your first time in court, when you ask for time to get an attorney. Once again, if you don’t know how to ask for this, approach a bailiff or clerk in the courtroom and ask them. They should be able to point you in the right direction.
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