Georgia Criminal Defense Lawyer Blog
A bench warrant in GA is a legal order issued by a judge that authorizes law enforcement to arrest and detain an individual who has failed to comply with a court order or appear for a scheduled court date. Here are the key points about bench warrants in Georgia:
Bench Warrant Definition and Why One Is Issued by a Judge
Bench Warrant: A bench warrant is issued by a judge when a person fails to appear in court or comply with court orders, such as paying court fines including traffic tickets or attending jury duty.
Contempt of Court: The issuance of a bench warrant typically indicates that the individual is in contempt of court, meaning they have willfully disobeyed a court order or failed to appear for a scheduled hearing. Failure to appear is called an FTA. An example is if you get are pulled over for a traffic violation and you either don’t pay the fine, or you miss the court date shown on the Uniform Traffic Citation, a judge issues a bench warrant for your arrest.
Imagine you’re pulled over for speeding because you didn’t pay your first ticket. The officer checks your license and sees you have Georgia arrest warrants on your record. You will be detained and placed in jail.
Police Will Arrest You If You Have an Oustanding Warrant
Once a bench warrent is issued, law enforcement has the authority to arrest the individual at any time and place, including during routine traffic stops or other encounters with police.
No Statute of Limitations: Bench warrants do not expire and remain active until the individual is arrested or the warrant is resolved by the court.
Potential Penalties: Ignoring a bench warrant can lead to additional penalties, such as fines, a suspended driver’s license, and potentially jail time.
How Can You Resolve a Bench Warrant?
Self-Surrender: It is advisable to contact the traffic court or a criminal defense attorney to arrange a self-surrender. This can help mitigate the consequences and potentially avoid immediate jail time.
Legal Representation: Hiring an attorney can be beneficial in navigating the legal process, negotiating with the court, and possibly getting the warrant quashed or resolved without severe penalties.
How Can You Avoid Bench Warrants
Court Appearance: If you are aware of a bench warrant, it is crucial to appear in court as soon as possible to address the issue. Bringing any relevant documentation, such as proof of a medical emergency, can help explain your absence.
Check for Warrants: You can check for any outstanding warrants by contacting the local county sheriff office or using municipal court online databases if available.
In summary, a bench warrant in Georgia means that you are subject to arrest for failing to comply with a court order or appear in court. It is important to address the warrant promptly by contacting the court or seeking legal assistance to avoid further legal complications.
If you are worried about having an active bench warrant out on you, call criminal defense lawyer Larry Kohn or Cory Yager now at (404) 567-5515 and schedule a free consultation at our Sandy Springs law firm. We can help right away.