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DeKalb County Georgia State Court

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Frequently Asked Questions

* This information is provided as a courtesy of the State Court of DeKalb County Division B and for informational purposes only. This information is believed to be current and accurate but is not intended as nor a substitute for legal advice. It is your responsibility to confirm independently the information provided on this website. Policies of the court are subject to change. Legal questions can be explained by an attorney, independent research into the Official Code of Georgia Annotated (O.C.G.A.) or the DeKalb County Code of Ordinances. State Court of DeKalb County Division B employees are not allowed to give legal advice or to help anyone fill out any forms or pleadings. Anyone who wants legal advice should contact an attorney.

What is the effect of paying my fine online?

You can only pay certain citations on-line. If the system permits you to pay your fine on your citation, you are no longer required to appear personally in court. Your payment of the fine will be accepted as a guilty plea. If points are associated with the citation, it will be reported to the Georgia Department of Driver Services.

I tried to pay the ticket on-line or at the cashier BEFORE my court date, but they said it was mandatory court. What does that mean?

There are certain offenses for which Georgia law requires you to appear in court. Additionally, there are other offenses for which the Court has determined that an appearance is mandatory. Therefore, you must appear in person on the date and in the location that is listed on your citation. If you fail to appear on your court date, you may lose your bond, a warrant may be issued for your arrest, and your license may be suspended.

I tried to pay the ticket on-line or at the cashier AFTER my court date, but they said it was mandatory court. What does that mean?

You must come to the 2nd floor of the Bobby Burgess Building where the Warrant Division is located for information on payment, re-reinstatement of your license, and FTA Court.

What do I do if I miss my Court Date?

You must come to the 2nd floor of the Bobby Burgess Building where the Warrant Division is located for information on payment, re-reinstatement of your license and re-scheduling of your court appearance.

Are there any valid legal reasons for missing court?

Yes. Under Georgia law, there are legal excuses for failure to appear.

  1. You were incarcerated at the time of the hearing (must bring proof of incarceration to court to get a reset).
  2. You were hospitalized or institutionalized at the time of the hearing (must bring proof of this). Routine doctor’s appointments or an emergency room visit on the date of the hearing will not satisfy this requirement.
  3. You were active in the military stationed elsewhere at the time of the hearing (please bring in documents showing you were not free to leave the base and come to court).
  4. The person receiving the ticket has been deported (ICE documentation is required).
  5. The person receiving the ticket died or was terminally ill at the time of the court date and has since died. Please bring in a death certificate or program from the funeral service.
  6. You did not get notice of the hearing. This can happen if you were injured in an accident or arrested and were not given the ticket by the officer. Your case will be reset.
Why isn’t my citation in your system?

Please allow up to 14 days for your citation to appear in the system. If you are unable to locate your citation in our system, you must appear on your court date listed on your citation.

Will my trial take place on the date on the citation?

No. The court date written on your citation is an “Arraignment.” Your constitutional rights will be explained to you by a judge, and then you may enter a plea of “Guilty,” “Not Guilty,” and in some cases, at the discretion of the judge, a plea of “Nolo.” You will also have the opportunity to fill out an application with the Office of the Public Defender to see if you qualify for their services. If you already have an attorney, or want to hire an attorney on your own, please tell the judge or the Solicitor General.

If I enter a plea of “Not Guilty” at Arraignment, and the officer or witness is not there, can I ask that the judge dismiss the ticket?

Officers and witnesses are not required to attend an Arraignment. They must be subpoenaed to attend trials. If you enter a Not Guilty plea, your case will be reset for a future trial date and officers and any witnesses listed in the accident report will be subpoenaed by the Clerk’s Office. Both parties (the defendant and the prosecution) also have the right to subpoena any additional witnesses they wish to be present at trial.

What happens if I enter a plea of Guilty?

If you enter a plea of guilty, you may be sentenced immediately and either ordered to pay ant imposed fine that day or, scheduled to appear at a later date for a post-sentencing compliance hearing. In addition, depending on the offense charged, a report of your guilty plea may be sent to the Georgia Department of Driver Services for assessment of points against your driver’s license. 

What happens if I enter a Nolo (no contest) plea?

You may request a that the court accept a plea of Nolo Contendere (no contest).  A Nolo plea may prevent your license from being suspended or prevent points being assessed to your driving history. However, in addition to various limitations of eligibility for a Nolo plea, it is entirely within the discretion of the judge whether to grant or deny such a request. 

How many points does it take to suspend a license?

For information regarding points and their effect on your license, please refer to the Georgia Department of Driver Services by clicking here: www.dds.ga.gov

Do I have to come to my Arraignment if I already know I want to enter a Not Guilty plea?

Yes.

I think I need an attorney. Will the court appoint me an attorney?

You will have to fill out an application provided by the Office of the Public Defender for DeKalb County to see if you qualify. Qualification is based on your family income and assets. If you do not qualify, you will have to hire an attorney on your own. Please refer to the links provided on the “Other Related Links” tab for information on local Bar Associations.

What do I need to know to conduct my own trial?

If you decide to represent yourself, you will be held to the same standards as an attorney. Neither the court, nor the clerks are allowed to give you legal advice, make any calls for you, or obtain evidence for you.

Can I subpoena witnesses for myself?

Yes. You can get subpoenas for witnesses from the Clerk of Court.

Can I request a jury trial?

Yes, depending on the offense, you have the right to request a jury trial. A jury trial can be requested for any misdemeanor traffic offense, including but not limited to: driving without a license, driving on a suspended license, reckless driving and driving on a suspended registration.

 

What happens if I am convicted at trial?

Most traffic citations are misdemeanor offenses under Georgia law. The maximum sentence that can be imposed for most state law misdemeanors is 12 months in jail and s fine up to $1,000.00 for each violation. For some offenses, such as first-time speeding charges, the maximum fine may be less. For misdemeanors of a high and aggravated nature, the maximum fine may be up to $5,000.00. Sentencing for some offenses also result in the automatic mandatory suspension of your driver’s license. Your licensee can also be suspended if the court determines that a medical license suspension is appropriate or it he court believes any other reason exists for a license suspension.

Can I appeal a guilty verdict?

Yes. For state law cases, you can appeal within 30 days of the date of the conviction by filing a Notice of Appeal with the State Court Division B Clerk’s office. There is a mandatory fee of $25.00. The appeal will be either to the Georgia Supreme Court or the Georgia Court of Appeals. An appeal will not automatically delay or defer any suspension of your license that may be required by law. The rules governing appeals are complex and strictly enforced. Anyone seeking post-conviction relief is strongly encouraged to retain legal counsel.

The officer told me that he would make this a warning. Why do I need to come to court?

Once the officer files the citation with the court, you must appear on the date shown on the citation. If the officer wants to make it a warning, the officer may recommend that to the prosecutor. This takes place at trial, not on the first court date, which is the date listed on your citation. If you do not appear on that first date, known as an “Arraignment,” your license will be suspended by the Department of Driver Services and the court will issue a warrant for your arrest.

I was cited for an expired tag, suspended registration or no insurance in a borrowed car. Since it was not my car, why did I get the citation?

For the purposes of registration and insurance, Georgia law does not distinguish between the owner and the operator of the vehicle. You are responsible for knowing the registration and insurance status of any vehicle you drive.

 

I was cited for an expired tag (not suspended registration) or I was cited for an equipment violation such as no tag, tail, brake, head light, cracked windshield at the time of the stop and have gotten it fixed: Do I still have to come to Arraignment ?

If this was the only ticket you received at the time you were stopped, you may be able to have your citation administratively reduced and a minimum fine imposed. You must come to court no sooner than 10 days after the ticket was issued and no later than 10 days before your Arraignment (court date on the ticket) and ask about the “Standing Order.” You may also be able to resolve your case online. To see if you are eligible for online case resolution (OCR) visit: http://www.courtinnovations.com/GADSC/

I was cited for no license on person, wrong address on my license, expired license, wrong class license, wrong endorsement on license, failure to obtain a Georgia license, and I have corrected whatever problem was in place when I was cited, Do I still have to come to Arraignment?

If this was the only ticket you received at the time you were stopped, you may be able to have your citation administratively reduced or dismissed. If the charge is dismissed, no fine will be assessed. If the charge is reduced a minimal fine will be imposed. You must come to court no sooner than 10 days after the ticket was issued and no later than 10 days before your Arraignment (the court date on the ticket) and ask about the “Standing Order.” You may also be able to resolve your case online. To see if you are eligible for online case resolution (OCR) visit: http://www.courtinnovations.com/GADSC/

When do I have to pay my fine?

You are expected to pay your fine upon a plea or conviction. While there may be other options, it is up to the judge who handles your case.

How can I find out my fine amount(s)?

Please click on this link for information on your citation(s).

Why is the fine so high?

The judge will determine the fine amount to be imposed in your case. In addition to any court-imposed fine. State law requires the court to collect additional fees (mandated surcharges) on behalf of the State. The mandated surcharges are calculated as a percentage of your fine according to acts of the Georgia Legislature. The court legally required to assess, collect, and remit the mandated surcharges to the State as required by law.

What methods of payment do you accept?

You may pay by credit/debit cards, cash, money order or certified check in person at the court. Your citation may also be payable online.

What if I take a Defensive Driving Class before I come to court?

Unless the class was ordered by a judge of this court, there is no guarantee that it will result in any reduction of fine or consideration on sentencing. It is completely in the discretion of the judge you see on your court date.

View Court Calendars

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Browse our calendars to look up your case and find out if it is scheduled.

Division A Court Calendars

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State Court of DeKalb County – Division A
556 N. McDonough Street | Decatur, Georgia 30030
Ph: 404.371.2261
Criminal Division Email: dcsccriminalinfo@dekalbstatecourt.gov
Civil Division Email: dcsccivilinfo@dekalbstatecourt.gov

State Court of DeKalb County – Division B
3630 Camp Circle | Decatur, Georgia 30032
Ph: 404.294.2099
Email: dcrcinfo@dekalbcountyga.gov

Magistrate Court of DeKalb County

Civil Matters
556 N. McDonough Street | Decatur, Georgia 30030
Ph: 404.371.2261

Criminal Matters
3630 Camp Circle | Decatur, Georgia 30032
Ph: 404.294.2150

Ordinance Matters
3630 Camp Circle | Decatur, Georgia 30032
Ph: 470.542.9485

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