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How long can a person be detained for a bench warrant to be recalled & original bond reinstated? And what does that really mean?

Atlanta, GA |

The person in question was arrested for a failure to appear for missing a court date due to in accurate mailing information. The public defender issued a motion to recall the bench warrant and reinstate the original bond. It has been almost a month since the person has been in jail. How long is a bench warrant recall and original bond reinstating take? Do they have to stay in jail until their new court date?

Attorney Answers 3


There is no set time and the answer depends on many factors, one of which is how persistent the attorney is in trying to get a hearing set.

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The judge doesn't have to recall the bench warrant at all. It is the defendants responsibility to make sure everyone has his current address. The failure to do so may cause a judge to leave the person in jail until the case is resolved or the person goes to prison.

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The person can remain in custody until the case is tried or a guilty plea is entered. There is no set time period for a judge to rule on any motion to recall a bench warrant. Many judges never have hearings on them. I would encourage you to hire a lawyer who can aid in getting either the bond reinstated or the person out of jail.

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