Is there a Bench Warrant out for Your Arrest in Georgia? Let the Lawyers at Yeargan & Kert, LLC be Your Legal Advocate to Resolve the Warrant.
Many people know about arrest warrants from television dramas or movies. The police investigating a crime go to the prosecutor with their evidence about a suspect. The prosecutor then goes to a judge and request an order to arrest the suspect. If the judge signs the order, it is called an arrest warrant. This is different from a bench warrant.
Unfortunately for many people in Georgia, they do not have to commit a violent crime for a judge to order their arrest. They can be wanted on a bench warrant.
An Arrest Warrant vs. Bench Warrant in Atlanta
A bench warrant is similar to an arrest warrant in Atlanta. Once the order to arrest is made, police can pick the person up as soon as they are located. The person then goes to jail until the matter is resolved.
The difference is who requests the warrant. A judge is the only one who can order a bench warrant. The reason it is called a bench warrant is the judge usually orders a person be located and arrested during a hearing.
The Reasons Why a Bench Warrant is Issued in Georgia
In Georgia, an individual is responsible for appearing at any and all scheduled court dates. If they miss a scheduled court date, the presiding judge has the option of punishing them. One way to punish the individual is by issuing a bench warrant. The warrant authorizes police to immediately arrest the person.
A bench warrant can be issued for:
- Failure to appear for a court appearance. Failure to appear can include having a court date to fight a ticket and missing the hearing.
- Failure to comply with a subpoena to testify at a trial or hearing. All witnesses are required to testify in court when issued a subpoena. A subpoena is a court order.
- Failure to pay fines. These fines range from traffic tickets to parking tickets.
- Refusal or delay in pay alimony or child support
- Failure to appear in court for a crime the person was indicted for by a grand jury
Resolving a Bench Warrant in Georgia
One way to resolve the warrant is for the individual to turn themselves into jail. This warrant does not have an end date. Thus, it will remain open until the police find the person. Many people contact a lawyer to determine more options available to resolve the warrant. For instance, a lawyer may petition the court to have the warrant recalled. To recall a bench warrant means to eliminate it. The lawyer will then request a new court date.
A lawyer may be able to negotiate with the judge or prosecutor to resolve the warrant without the individual going to jail. If the person was in jail in another jurisdiction at the time the judge issued the warrant, a lawyer may be able to a proof of incarceration. This will allow the judge to immediately lift the warrant.
Contact Yeargan & Kert, LLC to Resolve Your Bench Warrant
You failed to appear in court. Now you have a bench warrant for our arrest. It is vital for you obtain legal counsel prior to turning yourself into police. You need to know what will happen next. Also, you need to find out if you can resolve your bench warrant without having to go to jail.
Contact Yeargan & Kert, LLC immediately. We will act quickly to resolve your warrant and help you put the matter behind you. Contact Yeargan & Kert, LLC today.