Can I Go to Jail for a Misdemeanor in Georgia?
David Williamson prosecuted cases in Cobb County for nine years, most recently as a Deputy Chief in the Cobb County District Attorney’s Office. He opened Williamson Legal in January 2025 and now defends people charged with felonies, misdemeanors and traffic offenses in the same Marietta courthouses where he tried cases for the State.
Cobb splits its criminal work across three buildings on three different streets. The charge decides which one you report to, and which office prosecutes you.
Call (770) 884-1485 for a free, confidential consultation with a Cobb County criminal defense lawyer.
There is no single Cobb County Justice Center. Superior Court, State Court and Magistrate Court sit in three separate buildings within a few blocks of each other in Marietta.
70 Haynes Street, Marietta, GA 30090 · (770) 528-1800. Chief Judge Ann B. Harris.
Felonies, and only felonies: the Georgia Constitution gives superior courts exclusive jurisdiction over felony trials. This court also hears divorce and title to land. Every felony goes to a grand jury for indictment under O.C.G.A. § 17-7-50 before it can be tried. The District Attorney prosecutes here, at (770) 528-3080. Cobb runs its Drug Treatment, Mental Health, Veterans Treatment and Parental Accountability courts out of this court, at 10 East Park Square, Suite 200.
12 East Park Square, Marietta, GA 30090 · 770-528-2622. Chief Judge Eric Brewton.
Misdemeanors and traffic cases. The Solicitor-General prosecutes here, a separate office from the District Attorney, and your case has no arraignment date until that office files an accusation. Every criminal jury trial in this court is tried before a six-person jury, so the State needs all six to convict. In 2023 the Criminal Division filed 4,070 misdemeanor cases and 28,134 traffic cases. Our Cobb County State Court page covers the calendars and what paying a ticket actually does to a driving record.
32 Waddell Street, Marietta, GA 30090 · (770) 528-8900. Chief Magistrate Brendan F. Murphy.
First appearances, arrest and search warrants, and bond. After an arrest in Cobb County your first appearance happens here, where the magistrate sets bond conditions and states the charges under O.C.G.A. § 17-4-26. Guilt is decided in this court only on county ordinance violations. See bond hearings.
Marietta, Smyrna, Kennesaw, Acworth, Austell, Powder Springs and Mableton each run a municipal court for citations written inside their own city limits. None of them impanels a jury. Demanding a jury binds the case over to Cobb County State Court, and under O.C.G.A. § 40-13-23(a) a bond already posted transfers with it, so you do not post again. See Marietta Municipal Court.
Charges handled in Cobb County courts:
DUI: covered on its own page, including the separate Cobb DUI arraignment calendar, the 30-day license deadline and Cobb DUI Court.
Drug Crimes: From simple possession of marijuana (O.C.G.A. § 16-13-2(b)) to felony drug trafficking with mandatory minimum sentences (O.C.G.A. § 16-13-31), Cobb County prosecutors pursue drug cases at every level. We defend possession, possession with intent to distribute, manufacturing, trafficking, and prescription drug offenses, often challenging the legality of the search under O.C.G.A. § 17-5-30.
Assault and Battery: Assault charges range from simple assault (O.C.G.A. § 16-5-20, misdemeanor) and simple battery (O.C.G.A. § 16-5-23) to aggravated assault (O.C.G.A. § 16-5-21, carrying 1 to 20 years) and aggravated battery (O.C.G.A. § 16-5-24). Self-defense under O.C.G.A. § 16-3-21 and Georgia’s stand your ground law (O.C.G.A. § 16-3-23.1) are frequently successful defenses in these cases.
Domestic Violence: Family violence cases under O.C.G.A. § 19-13-1 carry enhanced penalties, mandatory arrest under O.C.G.A. § 17-4-20.1, and serious collateral consequences including federal firearm prohibitions (18 U.S.C. § 922(g)(9)) and impacts on custody proceedings under O.C.G.A. § 19-9-3(a)(5).
Theft and Property Crimes: Shoplifting (O.C.G.A. § 16-8-14), theft by taking (O.C.G.A. § 16-8-2), receiving stolen property (O.C.G.A. § 16-8-7), burglary (O.C.G.A. § 16-7-1), and robbery (O.C.G.A. § 16-8-40). The felony theft threshold in Georgia is $1,500 for most offenses and $500 for shoplifting.
Sex Offenses: Rape (O.C.G.A. § 16-6-1), child molestation (O.C.G.A. § 16-6-4), sexual battery (O.C.G.A. § 16-6-22.1), and other sex crimes carry severe penalties and mandatory sex offender registration under O.C.G.A. § 42-1-12.
Weapons Offenses: Possession of a firearm by a convicted felon (O.C.G.A. § 16-11-131), carrying in unauthorized locations (O.C.G.A. § 16-11-127), and possession during commission of a crime (O.C.G.A. § 16-11-106(b)) all carry significant penalties.
White-Collar Crimes: Fraud, embezzlement, forgery (O.C.G.A. § 16-9-1), identity theft (O.C.G.A. § 16-9-121), and RICO charges (O.C.G.A. § 16-14-4) are aggressively prosecuted in Cobb County given the county’s large business community.
Bond Hearings: We represent clients at bond hearings in Magistrate and Superior Court, arguing for reasonable bond conditions under the factors set forth in O.C.G.A. § 17-6-1(e).
Probation Violations: A probation revocation hearing in Cobb County can result in the imposition of the original sentence. We present mitigation evidence and argue for continued probation or alternative sanctions.
After arrest, the defendant is transported to the Cobb County Adult Detention Center for booking and processing. A first appearance before a Magistrate Court judge typically occurs within 48 to 72 hours.
At the first appearance, the judge sets bond conditions based on factors including the severity of the offense, criminal history, community ties, and flight risk (O.C.G.A. § 17-6-1(e)). For certain serious felonies, including murder, armed robbery, rape, aggravated child molestation, aggravated sodomy, manufacturing or distributing certain drugs, and aggravated sexual battery, only a Superior Court judge may set bond under O.C.G.A. § 17-6-1(a).
For felony cases, the defendant may request a preliminary hearing to challenge probable cause under O.C.G.A. § 17-7-20. If probable cause is found, or if the grand jury returns an indictment under O.C.G.A. § 17-7-50: the case proceeds to Superior Court. Misdemeanor cases proceed by accusation in State Court.
During the pre-trial phase, the defense reviews all evidence including police reports, body camera footage, witness statements, forensic results, and surveillance video. This is where we file critical motions including motions to suppress evidence obtained through illegal searches (O.C.G.A. § 17-5-30), motions to exclude improperly obtained statements, and Brady motions demanding disclosure of exculpatory evidence.
Cobb County offers several favorable sentencing alternatives for eligible defendants. First Offender treatment under O.C.G.A. § 42-8-60 allows a guilty plea without a formal conviction on the record. Conditional discharge under O.C.G.A. § 16-13-2(a) provides a similar benefit for first-time drug offenders. Pre-trial diversion is available for qualifying cases, as are Cobb’s Drug Treatment, Mental Health and Veterans Treatment courts, all of them Superior Court programs at 10 East Park Square.
If the case cannot be resolved through negotiation, it proceeds to trial. In both State and Superior Court, the defendant has the right to a jury trial where the State must prove guilt beyond a reasonable doubt. As a former Cobb County prosecutor, David Williamson knows how the State presents its case and how to effectively challenge it before a Cobb County jury.
A criminal conviction in Georgia carries consequences that extend far beyond the courtroom. Understanding these collateral consequences underscores why aggressive defense matters:
Employment: Many employers conduct criminal background checks, and a felony conviction can disqualify candidates from numerous professions. Georgia law restricts record access through O.C.G.A. § 35-3-37, but convictions remain visible unless restricted or pardoned.
Professional Licensing: Convictions can affect licensing for attorneys, physicians, nurses, teachers, real estate agents, and other regulated professions in Georgia.
Housing: Landlords routinely screen for criminal history, and certain convictions, particularly drug and sex offenses, can result in denial of housing applications.
Firearm Rights: A felony conviction results in the loss of firearm rights under both Georgia law (O.C.G.A. § 16-11-131) and federal law (18 U.S.C. § 922(g)(1)). Certain misdemeanor domestic violence convictions also trigger federal firearm prohibitions.
Immigration: For non-citizens, criminal convictions can trigger deportation, denial of naturalization, or inadmissibility under federal immigration law. Even misdemeanor convictions may have immigration consequences.
Education: A criminal record can affect college admissions, financial aid eligibility, and the ability to participate in certain academic programs.
David Williamson prosecuted in this circuit from 2015 to 2024 and rose to Deputy Chief in the District Attorney’s Office. He tried cases in the same Marietta courtrooms where his clients now appear, and he charged and graded files from the other side of them.
His defense work centers on search and seizure: what the officer had before the stop, what happened during it, and whether the State can prove what it says it can. He specializes in drug crimes and Fourth Amendment work.
Williamson Legal represents clients throughout every city and community in Cobb County. Learn more about criminal defense services in your area:
We also serve clients in Acworth, Austell, Powder Springs, and Vinings. No matter where in Cobb County your arrest occurred, David Williamson can defend you.
David Williamson also handles cases in counties neighboring Cobb:
Explore these resources from Attorney David Williamson:
Exercise your right to remain silent and ask for an attorney. Do not answer questions from law enforcement beyond providing your basic identification information. Anything you say after arrest can and will be used against you. Contact a criminal defense lawyer as soon as possible, ideally before your first appearance in Magistrate Court, so your attorney can advocate for favorable bond conditions and begin building your defense immediately.
After a bond is set by a Magistrate or Superior Court judge, the defendant can be released by posting the full cash bond amount, using a bonding company (which typically charges 12 to 15% of the bond amount as a non-refundable fee), or posting property bond. For certain serious offenses listed in O.C.G.A. § 17-6-1(a), only a Superior Court judge can set bond. If the bond amount is too high, an attorney can file a motion to reduce bond and present arguments at a bond reduction hearing.
Sometimes. A charge can be reduced or dismissed through negotiation with the prosecuting office, a motion to suppress that removes the evidence the case rests on, or a diversion program that ends in dismissal on completion. Whether any of that is available turns on the facts, the strength of the evidence and the charge itself. No lawyer can tell you the answer before reading the file.
State Court, at 12 East Park Square, handles misdemeanors punishable by up to 12 months in jail and $1,000 in fines, and the Solicitor-General prosecutes there. Superior Court, at 70 Haynes Street, has exclusive jurisdiction over felony trials, and the District Attorney prosecutes there. A felony must be indicted by a grand jury under O.C.G.A. § 17-7-50 before it can be tried. Both courts seat juries, and every criminal jury trial in State Court is tried before six jurors.
Yes, arrests and charges appear on your criminal history record maintained by the Georgia Crime Information Center. Even if your case is dismissed or you are acquitted, the arrest record remains unless you take affirmative steps to have it restricted under O.C.G.A. § 35-3-37. If you successfully complete First Offender treatment under O.C.G.A. § 42-8-60, the charge is discharged without a conviction but the arrest may still appear unless restricted. An attorney can advise you on record restriction options for your specific situation.
David Williamson prosecuted in Cobb County for nine years and rose to Deputy Chief with the District Attorney there. Those years covered charging decisions, plea negotiations and jury trials in the same Marietta courthouses where his clients now appear. He knows which office prosecutes which charge, how a file gets graded before a plea offer is made, and where a stop tends to fall apart.
Bond is set in Magistrate Court within days of a Cobb County arrest, and the case gets no arraignment date until the prosecuting office files. Contact Williamson Legal today for a free, confidential consultation. Call (770) 884-1485 or fill out our online contact form. We serve clients in Marietta, Kennesaw, Smyrna, Acworth, Austell, Powder Springs, and throughout Cobb County.
Misdemeanors in Cobb are tried at Cobb County State Court, 12 East Park Square in Marietta, before a six-person jury. Felonies go to Superior Court on Haynes Street.
Williamson Legal meets clients at 3480 Preston Ridge Road, Suite 500, Alpharetta, Georgia 30005, by appointment. Most consultations happen by phone or video. David Williamson appears in the Cobb County Superior and State Courts in Marietta, where he served as an Assistant District Attorney from 2015 to 2024.
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