State Court

By: DUI Attorney Cory Yager Former Cobb County Police Officer Turned Criminal Defense Attorney Marietta

Three different Cobb County courts may handle your criminal case and court dates. Cobb County State Court is the misdemeanor and traffic court, and it sits in the Marietta GA courthouse at 12 East Park Square on the historic Marietta Square. Cobb County Superior Court is the felony trial court. It uses a 12-person jury. Your first court date is set by the court, and the clerk mails you notice of it in advance. Understanding which building and court handles your charge is the first step in preparing your defense.

Cobb County State Court

The State Court of Cobb County is the misdemeanor trial court in Georgia's system. Under Georgia law, state courts try criminal cases below the grade of felony and civil actions of any amount except those the superior courts hear exclusively. Cobb County State Court uses a 6-person jury for criminal trials.

This court handles a wide range of misdemeanor charges. These include DUI, reckless driving, hit and run, simple battery, shoplifting, marijuana possession under one ounce, bad checks, speeding, red light violations, failure to maintain lane, and county ordinance violations. A municipal court may dispose of a traffic misdemeanor only if the defendant first waives a jury trial in writing. When a jury is demanded, the defendant is bound over to a court that can impanel a jury, which in Cobb County is State Court.

Cobb County State Court sits at 12 East Park Square on the Marietta Square. The building is diagonally across from the Strand Theater. This location on the Square is the courthouse many people picture when they think of court in Cobb County.

Call the Cobb County State Court Clerk at (770) 528-1200. Have your traffic citation or accusation paperwork in front of you when you call. The clerk will need your case number or your name and date of birth. They can tell you when your next court date is.

The court runs several courtrooms at the same time, each with its own judge and assigned prosecutors. Every courtroom can conduct jury trials or bench trials for criminal and traffic cases. Because judges and courtroom assignments change, ask the clerk which judge and courtroom your case is assigned to.

The Marietta GA Courthouse on the Square: Location and Layout

The Marietta GA courthouse most people search for is the State Court building at 12 East Park Square, Marietta, GA 30090. It sits on the historic Marietta Square. It is diagonally across from the Strand Theater. If you have a misdemeanor criminal case or traffic citation in Cobb County, this is typically where your court date takes place.

The Marietta GA courthouse is not one single building. Cobb County's court system operates from several buildings across the Square area. State Court is at 12 East Park Square. The Superior Court clerk and felony courtrooms are at the Cobb County Justice Center on 70 Haynes Street. Magistrate Court and Probate Court share the building at 32 Waddell Street, called Building D1. This building is connected to the Haynes Street building by a closed walkway. Under Georgia law, state courts try criminal cases below the grade of felony. Felony trials go to Superior Court.

Parking and Getting to the Courthouse

Several parking decks are within easy walking distance of the Marietta Square. Most decks accept credit or debit cards only. Plan if you typically carry cash. Street parking around the Square is limited and often metered. Arrive early to allow time for parking and security screening.

Security Screening and Courthouse Hours

Expect a security checkpoint at the courthouse entrance. You will pass through a metal detector. Bags will be screened. Do not bring weapons, pocket knives, or prohibited items. Leave unnecessary electronics in your car.

The State Court clerk's office at the Marietta GA courthouse operates during standard business hours on weekdays. Call the clerk at (770) 528-1200 for the most current hours or to confirm your court date. Have your citation number or case number ready.

Cobb County Magistrate Court

The Cobb County Magistrate Court issues arrest warrants and search warrants. It can set certain bonds. These judges also "stand in" for Superior Court judges at times. Their Waddell Street location is in the old superior court building, now called D1. It is connected to the Haynes Street building by a closed walkway.

Other Cobb County Courts

Three different buildings may house the judges or court matters you need. The Superior Court clerk is at Haynes Street. The Probate Court clerk and Magistrate Court clerk are both at 32 Waddell Street, Building D1. This building is between the State Court and Superior Court buildings. Cobb County court records are not in just one place. The Cobb County courthouse in Marietta is not a single location.

Cobb County Superior Court is Georgia's court of general jurisdiction. In Georgia's court system a "state court" is a court the General Assembly creates by local law, so Superior Court is not a State Court even though it is a court of this state. Superior Court hears all kinds of cases – civil and criminal. It also exercises the powers of a court of equity. It can stop people or companies from doing things. It can issue orders about the care of adults who cannot care for themselves. The Clerk of Superior Court sits on the ground level of the Cobb County Justice Center at 70 Haynes Street, Marietta, Georgia 30090. Call the clerk at 770-528-1000 during regular business hours.

Cobb County government decided to keep county courts in downtown Marietta. This honors Georgia's traditional system. Court business has taken place in this historic Marietta location for many years. Cobb County State Court is well known to our three top-rated Cobb County lawyers. They spend many hours defending DUI defendants in Cobb County court during stressful times. Some people confuse this court with the City of Marietta Municipal Court at 240 Lemon Street, Marietta, GA. The city runs this municipal court. It handles city ordinance violations and state traffic misdemeanors that arise within the city limits. Any felony arrests within Marietta city limits go straight to Cobb Superior Court.

Our criminal defense attorneys appear in Cobb courtrooms almost daily. They are known to be prepared and to present solid defenses that win cases. Most criminal cases in the State Court of Cobb County are for traffic violations. These include serious motor vehicle misdemeanor offenses like driving under the influence.

Call our attorneys 24 hours a day at (404) 567-5515 for a free consultation and legal advice. Our Marietta office is located at 55 Atlanta Street, Suite 400, Marietta, GA 30060. Our attorneys are Larry Kohn, Cory Yager, and Bubba Head.

Misdemeanor and traffic violation cases from municipalities in Cobb County that are bound over for jury trial come to State Court. These include bad checks, following too close, DUI, reckless driving, speeding, failure to maintain lane, and other crimes under Georgia code. Felonies go to Cobb County Superior Court. These municipalities include Smyrna, Austell, Powder Springs, Kennesaw, Acworth, and Marietta. A municipal or probate court may dispose of a traffic misdemeanor only when the defendant waives a jury trial, so a jury demand sends the case to a court where a jury can be impaneled.

The State Court clerk's office separates its work into a civil division, a criminal division, and a traffic violations bureau, each with its own phone line. State Court courtrooms hear both jury and non-jury trials in criminal and traffic cases, so demanding a jury does not move your case to another court. If you are not sure which clerk's line handles your case, call the main clerk's number and ask.

Cobb State Court Arraignment

Under Georgia law, the court fixes your arraignment date, and the clerk must mail notice of that date to you and to your attorney at least five days beforehand. There is no fixed waiting period after an arrest or citation. The timing depends on the court's calendar and on when the formal charging document is filed in your case. Check your citation for a date, then call the clerk to confirm it. You can attend your first court appearance even without an attorney. An "arraignment" is when you hear the charges read in open court. This is when you can ask for a public defender. You will see Cobb County attorneys working in the courtroom, talking with clients, prosecutors, and judges. When hired early, defense attorneys build a strong defense and try to settle the case. Every case is different and needs a tailored defense.

A Cobb County State Court judge has jurisdiction over misdemeanor crimes like DUI, reckless driving, hit and run, trying to elude police, and possession of one ounce or less of marijuana. Felony charges are tried in Cobb County Superior Court. State Court cannot hear felonies.

Things to Bring to State Court of Cobb County

Your first court date is printed on your traffic citation. This paperwork was given to you when you left the Cobb County Adult Detention Center. The Cobb County State Court is at 12 E. Park Square, Marietta, GA 30090. This courthouse sits diagonally across from Marietta's Strand Theater. Multiple parking decks are within easy walking distance, but most accept credit or debit cards only.

Our Criminal Attorneys and Traffic Ticket Lawyers in Marietta GA

Our criminal lawyers handle DUI, hit and run, probation violations, and serious traffic offenses. We offer you a free face-to-face meeting before discussing legal fees. Our DUI law group provides access 24 hours a day. Call us at (404) 567-5515. Ask about our attorney fees payment plans. When you meet our law partners, you also receive a free PDF copy of Mr. Head's Drunk Driving Defense Book for Clients. This book is 430 pages long.

Important Related Links

The Cobb County Probate Court is in the old superior court building at 32 Waddell Street. The Juvenile Court and Cobb County Magistrate Court are also housed there. The Waddell Street building is just east of State Court and just west of Cobb Superior Court. The Supreme Court of Georgia issued Rule 22 regulating cell phones in courtrooms on July 19, 2018.

Link to the Clerk of Court for the State Court of Cobb County for State Court of Cobb County court records. The county lists the current clerk and staff there. The Solicitor-General's Office prosecutes misdemeanor cases in State Court. Cobb County Case Docket – Daily Update. Have your case number from your traffic citation when you call. For the Clerk of Superior Court, call 770-528-1000.

Our Marietta, Georgia Office Location

Our office is located in downtown Marietta:
55 Atlanta Street, Suite 400
Marietta, GA 30060

Speak With a Cobb County State Court Defense Attorney

If you have been arrested or cited for a misdemeanor in Cobb County, the clock is running. The court sets your arraignment date, and the clerk's notice may reach you only days before you are due in court. Having a defense attorney before that first court date protects your options. These include plea negotiations, pretrial motions, and jury trial requests. Waiting until the day of arraignment may limit what your lawyer can do.

During a free consultation, the attorneys at Kohn & Yager LLC will review your traffic citation or accusation. We will explain the Cobb County State Court process. We will walk you through what to expect at the Marietta courthouse on the Square. Every case is different. Results depend on the specific facts and circumstances involved.

Call Kohn & Yager LLC at (404) 567-5515, 24 hours a day, 7 days a week. The first consultation is free. Payment plans for legal fees are available.

Frequently Asked Questions

Where Is the Marietta GA Courthouse for Cobb County State Court Located?

The Cobb County State Court is located at 12 East Park Square, Marietta, GA 30090, on the historic Marietta Square. The building sits diagonally across from the Strand Theater. This is the primary courthouse for misdemeanor criminal cases and traffic violations in Cobb County.

Is the Marietta GA Courthouse the Same as Cobb County Superior Court?

No. Cobb County Superior Court is in a separate building – the Cobb County Justice Center at 70 Haynes Street. Superior Court handles felony cases and uses a 12-person jury. State Court at 12 East Park Square handles misdemeanors with a 6-person jury. A third building at 32 Waddell Street (Building D1) houses Magistrate Court and Probate Court.

What Should I Bring to My First Appearance at the Cobb County State Court in Marietta?

Bring your traffic citation or arrest paperwork and a valid photo ID. Also bring any documents related to your case. Your first court date is printed on the citation you received. If you have hired an attorney, bring their contact information as well. Arrive early to allow time for parking and security screening.

How Long After My Arrest Will My Cobb County State Court Arraignment Be Scheduled?

Georgia law does not set a fixed number of days between arrest and arraignment. The court fixes the date, and the clerk must mail notice to you and your attorney at least five days before it. Your date may also be printed on your citation paperwork. Confirm it by calling the State Court Clerk at (770) 528-1200 with your case number.

What Kinds of Cases Are Heard at the Cobb County State Court on Marietta Square?

Cobb County State Court handles misdemeanor criminal cases. These include DUI, reckless driving, simple battery, shoplifting, marijuana possession under one ounce, hit and run, speeding, and county ordinance violations. Felony charges go to Cobb County Superior Court instead.