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What do I do if I have a bench warrant?
To resolve a bench warrant, you should first contact an experienced criminal defense attorney who can review your paperwork, look at your summons, and prepare an argument to a judge for why you failed to appear and why the judge should remove the warrant.
How long do you go to jail for failure to appear in Georgia?
The willful failure of any person to appear in accordance with the written promise contained on the citation and complaint and served upon such person shall constitute an offense which shall be punishable by a fine in an amount not to exceed $200.00 or by confinement in jail for a period not to exceed three days.
What are indigency standards?
In determining indigency, the judge shall recognize ability to pay as a variable depending on the nature, extent and liquidity of assets, the disposable net income of the defendant, the nature of the offense, the effort and skill required to gather pertinent information and the length and complexity of the proceedings.
What happens if you miss your court date?
Almost immediately after someone misses their court date, a judge will usually issue a bench warrant. This warrant will allow police officers to arrest you and keep you in jail until you’ve resolved your missed court date.
What happens when you get a bench warrant?
The police treat it like an arrest warrant and use it to bring you in front of a judge in order to complete your unfinished business in court. The police aren’t going to come knocking on your door when you’re the subject of a bench warrant, and they won’t actively search for you.
What happens if you don’t appear in court?
In serious criminal cases, a failure to appear will most likely lead to a regular arrest warrant, which would spur immediate attempts to find and jail the defendant. A bench warrant, on the other hand, usually does not mean the police will be at your door the next morning.
Should you open the door for the police without a warrant?
If this is not the case, if there is no warrant, and if there is no other just cause for the police to force their way in, then you would be better off not opening the door at all. This may seem counter-intuitive because you are used to doing what the police tell you to do, and it feels uncomfortable to ignore them.
Do you have to answer the door when a police officer arrives?
If you do have to answer the door, because they alert you that they have a warrant or other just cause to enter the home, then you would be wise to answer the door, but avoid discussing anything with the officers or answering any questions.