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How much jail time can you serve for an out of state bench warrant?

Atlanta, GA |

My husband got a DUI and was put on probation with a court fee and DUI school requirement. He was out of work for a while and didn't have the money to satisfy those obligations in a timely manner. He received a letter saying he had to return to court in Virginia because of this but he had just paid off his fee and went to DUI school that following weekend. He mailed the completion documents to the court but they said he still had to come to court. He didn't go because we live in Georgia and he couldn't afford it. He currently has a bench warrant on him in Virginia. What will happen to him now?

Attorney Answers 2


  1. Best answer

    The poosibilities are too broad in scope to attempt to cover here, but let's cut to bone: This BW is probably directly connected to the effort of the probation officer to enforce the punishment of the violation of probation in Va. The fact these stated conditions have been met is good, but not being met in a timely fashion still justifies the bench warrant. The big problem with bench warrants is they are not usually bondable, so the amount of time your husband might spend in jail remains unclear. The particular local court policy can affect these issues as well. For example, some county courts in Georgia will permit the defendant to "walk-in" , usually with a lawyer and deal with the issues immediately. Other counties, Chatham, for instance, will not. The hold probation revocation once a month, so it is possible to spend weeks in jailjust waiting to get in front of a judge.
    You should contact a rel criminal lawyer who practices regularly in that court. He or she will know the local policy and be able to give good guidance to navigate the court.


  2. The bench warrant will serve as a warrant to arrest your husband. For example, if he is stopped for a traffic violation and this warrant is active, he could be taken into custody until Virginia decides whether to extradite him back to Virginia. Best advice at this point is for you all to hire an attorney in the ares where he is on probation and deal with the warrant.

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