Clarke County Court Process
Complete guide to arraignment, court dates, plea options, and what to expect during your case in Clarke County.
Court Information
Court Process Timeline
Arraignment
First court appearance, typically within 24-48 hours after arrest.
What Happens:
- Judge reads charges against you
- You enter initial plea (usually Not Guilty)
- Bail is set or reviewed
- Next court date is scheduled
- Public defender appointed if needed
Pre-Trial Hearings
Multiple court dates over 2-6 months where your attorney negotiates with prosecutors.
Attorney Activities:
- Review police reports and evidence
- File motions to suppress evidence
- Challenge breathalyzer/blood test results
- Negotiate plea bargains
- Discuss diversion program eligibility
Plea Bargain or Trial
Most cases (over 90%) resolve through plea bargaining, not trial.
Plea Bargain Benefits
- • Reduced charges
- • Lighter sentence
- • Certainty of outcome
- • Lower costs
Trial Risks
- • Maximum sentence if convicted
- • Higher legal fees
- • Uncertainty
- • Time consuming
Sentencing
Judge determines penalties based on the plea agreement or trial verdict. Sentences may include fines, probation, jail time, license suspension, IID, SCRAM monitoring, and/or DUI classes.
Don't Face This Alone
A attorney can make the difference between a conviction and a dismissal, between jail time and probation. They know local judges, prosecutors, and can challenge evidence that you might not even know is challengeable.
Find Clarke County AttorneysThe Athens-Clarke County DUI Treatment Court, founded by Judge N. Kent Lawrence, is a "National Academy Court," designating it as a model program for the nation. This post-adjudication diversion program is designed for high-risk or repeat offenders (e.g., 2nd DUI in 5 years, or BAC > 0.15 with history). Eligibility requires Clarke County residency (or Oconee for the Western Circuit track), being 17+ years old, and having no violent felony history.
Clarke County Court Procedures for DUI
If arrested for DUI in Clarke County, Georgia, your case will initially be heard in either the Municipal Court of Athens-Clarke County or the State Court of Athens-Clarke County, depending on the arresting agency and whether a jury trial is requested. ACCPD-initiated cases begin in Municipal Court.
Municipal Court vs. State Court
The Municipal Court handles county ordinance violations and serves as the initial venue for state misdemeanor traffic offenses (including DUI) arrested by ACCPD. However, the Municipal Court is a non-jury tribunal, meaning you cannot have a jury trial there. If you demand a jury trial, the case is "bound over" to the State Court of Athens-Clarke County.
State Court handles misdemeanor crimes and jury trials for traffic offenses.
Judicial Profiles
The State Court bench comprises two judges:
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Chief Judge Charles E. Auslander III: He helped establish the Athens DUI Court and is deeply focused on the root causes of recidivism (addiction). His sentencing often emphasizes therapeutic interventions over purely punitive measures for those willing to engage in treatment. He is the presiding judge of the DUI Treatment Court.
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Judge Ryan Hope: Known for procedural efficiency and modernization. His background in defense provides a balanced perspective on procedural rights.
DUI Treatment Court
This is a 12-24 month program divided into 4-5 phases. Phase 1 (Intensive) includes weekly court appearances, multiple random drug screens per week, and curfew. As participants demonstrate sobriety, supervision intensity decreases. Participants are assigned a color. They must call a testing line (762-400-8378) every morning between 4:00 AM and 5:00 PM to hear if their color is called. If called, they must report to the Athens Drug Lab for a urine screen that day. Non-compliance (missed test, positive screen) results in immediate "shock incarceration" (e.g., 24-48 hours in jail) or community service. Successful completion typically results in a significant reduction of penalties.
Securing Release After Arrest: Bonding Procedures
Release from custody is primarily achieved through the posting of bond. Clarke County utilizes a Bond Schedule for most misdemeanor DUI offenses, allowing for release without a judicial hearing. Bond amounts typically include the base bond plus state-mandated surcharges (approx. 50%).
Approved Bonding companies:
- Double O Bonding: 706-353-6467
- Classic City Bonding: 706-354-8655
- Liberty Bonding: 706-613-2000
- Bond James Bond: 706-613-0007
Inmate Communication and Visitation
For those who remain in custody (e.g., awaiting a bond hearing), communication is strictly regulated. The Sheriff’s Office enforces a strict dress code for visitors. Prohibited items include sleeveless tops, skirts shorter than 2 inches above the knee, and see-through clothing.
For real-time inmate status, contact the Clarke County Jail main line at 706-613-3270 or use the option for Booking.
Sources
Georgia Penal Code
Clarke County District Court
Georgia Court System
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