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I want to know if there is a statute of limitations for a bench warrant that i have for a failure to appear on a misdemeaner

Nashville, GA |

i was arrested about 5yr's ago for public drunk and paid a bondsman to bail me out,but then moved out of state and failed to appear on the charge.i may be moving back to the same location soon and need to know whether there will be a warrant or not,also,what would be the best way to handle this problem if a warrant does exist still

Attorney Answers 3


If you failed to show for your court date there will be a warrant for your arrest for not appearing in court..... You can call the sheriff's of the county where you arrested to attempt to verify the warrant exists and make arrangements to surrender or wait and be taken in if you have an encounter with law enforcement. I strongly encourage you to consult with an attorney who can provide you with more specific advice based upon your individual circumstances. With regards

P Darrell Kimbrell

The information is provided for general purposes only and should not be relied upon. You are advised to consult with an attorney of your choosing, who can advise you on the particular facts and options in your case. No attorney-client relationship is intended or formed absent you executing a signed fee agreement. P. Darrell Kimbrell is licensed to practice law in the State of Georgia. Information provided is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice nor does such response create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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The SOL applies to the delay between an act and the filing of the charge. Once a charge is filed and a warrant is hanging, the SOL is no longer an issue with the charge. Warrant hang times are often a function of a suspect hiding or avoiding the police. It would not make sense to allow someone to hide behind the SOL when it as their own actions that caused the delay.

Get a lawyer to help you. A lawyer will explain everything, and they should fight for your rights. You will usually get a better result, including sometimes a dismissal, when you have a lawyer.

Good luck.

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I can't speak for every city/county in the State, but it in Athens, GA, a public intox is a payoff ticket. You may be able to call the clerk's office where you got arrested and just send in a check or make a credit card payment online or over the phone. Even better scenario: they may have just treated it as a bond forfeiture and your bondsman was on the hook for it. So before you hire an attorney, call the clerks office, if there's a bench warrant, hire an attorney. If not, just take care of it.

This answer does not create an attorney-client relationship, and is meant for informational purposes only.

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