Where is my case and why is it there?

In Georgia, your criminal case might end up in different types of courts, including Municipal Court, State Court, or Superior Court. Sometimes, depending on the situation, your case can be transferred from one court to another to better fit the circumstances.

What is Municipal Court?
Municipal Court, also called city court, is where cases typically go when you’re cited or charged within a city’s limits. You can often resolve your case there directly. However, keep in mind that municipal courts cannot offer jury trials. If you want a jury trial — which is a constitutional right for criminal cases, even traffic violations like speeding or lane changes — you can request one. This will lead to your case being transferred to the State or Superior Court in that county.

What is State Court?
State Court handles certain civil cases and misdemeanors. Not every county has a State Court — only those that have established one. In counties with a State Court, there’s a Solicitor General’s Office responsible for prosecuting criminal matters. If you request a jury trial and your case is transferred to State Court, this process begins anew. It also gives you an opportunity to negotiate with the prosecutors before moving forward with a trial.

What is Superior Court?
Superior Court deals with more serious cases, including felonies, and in some counties, certain misdemeanors. The District Attorney and Assistant District Attorneys prosecute criminal cases here. If your case is transferred from municipal court in a county that doesn’t have a State Court, it will go to Superior Court.

Why is it important to have an experienced attorney?
Having a knowledgeable attorney can make a big difference. Some municipal courts might offer better resolutions than State or Superior Court, while others might be harsher. An experienced attorney familiar with your specific jurisdiction can advise you on the best strategies and help navigate the prosecutors and judges who may be involved in your case.