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Warrant due to missing court date, procedure under GA to get another court date

Macon, GA |

i miss my calender call for my trial.I'm out on bail and check in all the time. i just talk to bail bondman yersterday and he said he didn't hear anything yet! but today my old nieghbor got my mail and i had a calender call back in june for trail week of july 14th. what will happen to me? i'v never been in troble a mother of 6 one only 6mo old and i didn't know about this date.my charge are theft by deception x2 but it was a bussness deal gone bad on the internet.i didn't that anything.will i get anther court date are will they areest me when call?I' live in ny but my court is in ga

Attorney Answers 3

Posted

First of all, if you have an attorney assigned to your case, I recommend that you call your attorney now. If you do not have an attorney, then you probably need to get one. If you did in fact miss calendar call then there is a strong chance that a warrant for your arrest has been issued. The bondsman may have you picked up, or you may be arrested and held for extradition if you come in contact with your local police. You may be eligible to request a public defender or a court appointed attorney if you the court believes you can not afford to hire one. You may want to call the clerk of court to find out if there is a warrant for you. Be careful what you say to the court though.

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Posted

Since you've failed to appear, the prosecutor (Assistant District Attorney or Solicitor) has requested and received a Bench Warrant for failure to appear. Bench warrants, much like arrest warrants, go on GCIC (Georgia Crime Information Center) Computers. GCIC links with NCIC (National Crime Information Center) Computers. If you were to be stopped for a minor traffic violation, this "hit" would come up. (At least this is how it's suppose to happen in theory).

The police agency which now has you on the side of the road would be obligated to confirm that hit to make sure that it's still a valid bench warrant etc. Sometimes, a person might have something minor like a suspended license charge. In that case, say you were stopped in Alaska, Georgia would not probably want Alaska police to take you into custody-as Georgia would have to then come and get you at their expense. But if it's serious offense, you would probably be extradited back to Georgia after being given an extradition hearing.

Ok, that's the legal lesson. Usually, bench warrants can only be withdrawn by the Court. I would first call the clerk's office to find out if they had sent the notice to the wrong address. They would be obligated to send your court notice to the address on your bond sheet. You do, however, have the obligation of updating that information and the fact that you didn't notify the Clerk of the new address wouldn't be in your favor.

If no luck there, then call the DA's office and see if you can arrange a plea agreement immediately. Some DA's office will speak to you, but most won't if you have a bench warrant for your arrest.

Lastly, I highly recommend getting an attorney in the county where the charges are pending. He/she may be able to arrange a suitable plea recommendation or clear up the bench warrant issue in advance.

Hope this helped.

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Posted

Go over to the clerk of Court and ask to see the file in your case. See if an arrest warrant has been filed and see if notice of the CC was in fact sent out. Next step if a warrant issued, Contact your attorney. ASAP!

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