Others may require court appearance—or be to your best advantage to appear anyway. Whenever a Defendant fails to appear for court or pay a payable traffic citation in advance of court, the presiding judge or magistrate has the authority to sign a bench warrant. When a bench warrant is issued, a Defendant can be arrested and placed into police custody when they are stopped for other traffic infractions or otherwise stopped, questioned, or detained by police.
Even if a Defendant is the victim of a crime, a bench warrant might also cause the Defendant to be arrested along with his or hers perpetrator s. Perhaps the most common situation that occurs when a Defendant fails to appear for court is that the Defendant suffers a license suspension from the Georgia Department of Driver Services.
The Form is a form that the Defendant can retrieve from the court in which the Defendant failed to appear when the Defendant clears his or her failure to appear with the court. In many cases, the Defendant is not aware that his or her license has been suspended until he or she is subsequently stopped, cited, and jailed for Driving While License Suspended. It is important to act fast to prevent the occurrence of this unfortunate circumstance. Georgia is a state of over counties and at least municipalities.
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All of them will have varying processes for clearing a Failure to Appear for traffic citations. Some may be as simple as posting a bond in the original fine amount of the citation plus some contempt fee in order to be given a new court date. If you do not wish to contest the underlying citation, you may also be able to simply pay the original citation in addition to a fee for failing to appear.
What Is a Bench Warrant and Can I Drop It Without Going to Jail?
Others might require your personal appearance or at the minimum the appearance of an attorney on your behalf to lift the bench warrant and release your license and proceed with handling your traffic citation. In all cases, when your license has been suspended or you have received notice from the Georgia DDS that a suspension is scheduled, it is extremely important that you receive a Form from the court of jurisdiction.
- Atlanta Municipal Court Failure to Appear!
- Clerk of Superior Court.
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Even when your license is not suspended and you have not received anything from Georgia DDS, phone the clerk to verify whether a notice was sent and if so, proceed with retrieving a Form Meetings by appointment only. Share this on This law applies to all offenses under Title 40 of the O.
However, it does not apply to any violation where a license may be suspended for a first offense. Judges have been issuing bench warrants and DDS has been suspending licenses without giving the proper mailed noticed that this statute requires. To begin with, in cases where a person could have paid the ticket, many times a Georgia Traffic Ticket Lawyer can resolve the Failure to Appear FTA without your active participation. After resolving the FTA, your attorney can then negotiate to settle your case or put it on the calendar for trial.
For out-of-state clients, your Georgia Traffic Ticket Attorney may be able to make all appearances on your behalf, saving you a trip to court. Once the FTA is resolved, the lawyer will negotiate a "plea in absentia" with the prosecutor. This plea will allow the final court date to be waived without the appearance of the accused.
For out-of-state clients, this is a tremendous benefit.
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This however, can only be worked out if the FTA is first resolved. In cases that require a mandatory court appearance, the first step is to get the bench warranted lifted before you are arrested.
Once the bench warrant issue is resolved, your attorney can begin working on the case. If the charge is DUI, there are many steps necessary to get a good resolution.
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If you read the Frequently Asked Questions FAQs section of this website, it is a good place to start looking for answers. As with minor traffic citations, if you missed court on a ticket that required a mandatory appearance, the court will also suspend your license. Your license will not be reinstated automatically if you fail to pay a mi nor traffic ticket or fail to appear in court on a misdemeanor traffic offense. People make this mistake all the time and then get arrested for driving on a suspended license. You must take active steps to reinstate your license after the State has suspended it for a failure to appear.
In Georgia, you need the following documentation to reinstate your license or privilege to drive:.
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This document prevents any issues from arising when you to drive to DDS to turn in the Form The issue about privilege to drive in Georgia confuses people. Georgia cannot suspend the license of an out-of-state driver. Georgia can suspend the privilege to drive in our state. If you are pulled over without reinstating the privilege, you will be criminally charged with driving on a suspended license.
Clerk of Courts | Cherokee County, Georgia
As mentioned above, most states will honor a Georgia suspension. As a result you will be facing both the criminal charge in Georgia and a driver's license suspension in your home state. That is why it's important to take both minor traffic offenses and misdemeanor traffic offenses seriously. As you can see, failing to appear for court is extremely serious, as it can lead to a warrant for your arrest and the suspension of your driver's license. Call an Atlanta Traffic Ticket Attorney today!
We are here when you need us most. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.
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