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My son was arrested for DUI 2 yrs ago on his 18th birthday, we hired a lawyer and went through several court appearances and the

Atlanta, GA |

case was moved to another court. That was 13 mos ago and we still haven't heard anything as to when he should appear again, is this normal? Is there a certain time period where this will lapse and go away?

Attorney Answers 6

  1. Assuming you moved the case from city of Atlanta to Fulton county state court, it is very normal.

  2. If you moved it from a municipal court to Fulton State Court, this is not unusual. Things never just "go away', but the longer it takes to get on a calendar, the greater chance that evidence is lost or an arresting officer moves to another job. My advice: Don't poke the bear.

  3. I agree with my colleagues.

  4. From any of the Fulton Cities to State Court takes upwards of 18 months.

    You should consult an Attorney that handles Traffic cases in the jurisdiction you received the citation to evaluate your options.

  5. I agree with the others, transfers can take a long while depending on the court. To be on the safe side, if his address has changed from the address on the ticket/warrant, have the attorney send a notification of the new address to the prosecutor's office for the new court, and file it in the case with the new court if a file has been opened there. I have transferred cases as an attorney and had the court neglect to send me a notice when the case was finally transferred.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  6. I understand your concern about the time it is taking for the case to move forward in the new court. However, my advise is not to "kick the top off the anthill" as we say in South Georgia. Generally criminal cases the longer a case takes to come to trial the better. For example, the officers involved can change jobs or relocate, the evidence may be lost or tainted. Many times when a case is transferred there is a significant lapse of time before it reappears on the new courts calender. I doubt that the case will simply "go away", but the longer it takes to come up - the better! I hope this information is helpful. Good Luck to your Son!!
    George McCranie

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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