State of Georgia and Failure to Appear Warrants(misdemeanor)

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Latest post Mon, Mar 6 2017 10:21 AM by ca19lawyer2. 3 replies.
  • Sat, Mar 4 2017 6:14 PM

    State of Georgia and Failure to Appear Warrants(misdemeanor)

    Long discussion so bare with me.  My husband was arrested back in November of 2016 for criminal trespassing (he was on our own property) and simple battery (misdemeanor).  He sat in county for 22 days before he finally went to arraignment.  I had already discussed options with the local state solicitor and even filed a affidavit on his behalf explaining exactly what happened.  He was released OR (no bond needed) and he walked right out of there on our daughters birthday.  Now, we called and checked the status of this case before Christmas and was assured it would all be dismissed.  We actually considered it done and was just waiting on the paperwork to come in the mail.  Well fast forward to today, March 4th, my husband was picked up on a FTA (failure to appear) bench warrant from this very case.  So today I am scrambling around trying to figure out what I can do.  In our county if you have misdemeanor charges then they will not provide you with a public defender (which I think is crap, why read you your rights then?) so they have no set bond on FTA cases and they were not sure if a judge would make it in this weekend or even monday. So here is what I am asking....will he be eligible for a bond once he sees the judge (he was released OR the first go round) and does he need an attorney on this misdemeanor case? What are the possible outcomes that could arise from this situation? Any advice is greatly appreciated.

  • Sat, Mar 4 2017 9:57 PM In reply to

    Re: State of Georgia and Failure to Appear Warrants(misdemeanor)

    BBrowning17:
    In our county if you have misdemeanor charges then they will not provide you with a public defender (which I think is crap, why read you your rights then?)

    They read him his rights so that any statement he made after that point could be used as evidence against him. Miranda says that if you can't afford an attorney one MAY be appointed to represent you it does not mean everyone qualifies for a public defender.  Due to limited and strained budgets MANY counties have gone to a public policy that if jail time is not a possibility then they do not provide public defenders.

    BBrowning17:
    will he be eligible for a bond once he sees the judge (he was released OR the first go round)

    Most likely he will be eligible for bond but how much it will cost is not known.

    BBrowning17:
    does he need an attorney on this misdemeanor case?

    Possibly,  Even if he was initially told he didn't qualify for a PD he can apply again and see if something was over looked.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sun, Mar 5 2017 9:02 AM In reply to

    Re: State of Georgia and Failure to Appear Warrants(misdemeanor)

    BBrowning17:
    Now, we called and checked the status of this case before Christmas and was assured it would all be dismissed.  We actually considered it done and was just waiting on the paperwork to come in the mail.

    Lesson learned, I guess:  never rely on anything until it's official.  I assume your husband was notified in writing of a court date and then decided not to show up despite never receiving any official written notification cancelling the court date.

    BBrowning17:
    will he be eligible for a bond once he sees the judge

    Probably.  Generally only people who are considered a flight risk are held without bond.

    BBrowning17:
    does he need an attorney on this misdemeanor case?

    You should know that I'm not a lawyer and this is just my opinion, but I would strongly recommend he get a good criminal attorney if he possibly can.  Especially if he has never before been convicted of a crime and still has years of working life ahead of him.  I'd look for a lawyer who knows how the relevant judges and prosecutor's office think, so he or she can negotiate as effectively as possible.

  • Mon, Mar 6 2017 10:21 AM In reply to

    Re: State of Georgia and Failure to Appear Warrants(misdemeanor)

    BBrowning17:
    In our county if you have misdemeanor charges then they will not provide you with a public defender (which I think is crap, why read you your rights then?)

    There's more to the "reading of rights" than the right to an attorney.  In any event, the constitutional right to an attorney exists any time incarceration is a possibility (whether misdemeanor or felony), so your statement that your county won't provide a public attorney in all misdemeanor cases cannot be correct.

     

    BBrowning17:
    will he be eligible for a bond once he sees the judge (he was released OR the first go round) and does he need an attorney on this misdemeanor case?

    We have no way of knowing the answer to the first part of this, and having an attorney certainly would be a good idea.

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