Have You Been Arrested
or Accused of a Crime?
Are You Worried How It Will Affect Your Future?
Have you missed a court date? Did you fail to appear in the Atlanta Municipal Court or another traffic court. Have you violated probation? Were you indicted by a Grand Jury in Georgia? Most people do not intend to miss a court date. If you do miss court, an FTA (Failure to Appear) or Bench Warrant will be issued for your arrest. What is a bench warrant? A bench warrant is an order issued by a judge for failing to appear in court on a particular scheduled date.
I am attorney Thomas C. Nagel, and I have 25 years’ experience helping clients resolve bench warrants throughout the State of Georgia. I am centrally located in Atlanta to help those who fail to appear in court in the following Georgia Municipal (city), and County Courts: Fulton, Cobb, Gwinnett, DeKalb, Cherokee, Forsyth, Atlanta, Sandy Springs, Roswell, Brookhaven, Marietta, Kennesaw, Smyrna, Chamblee, Doraville, Dunwoody, Alpharetta, Duluth, Lilburn, Norcross, and Snellville.
You must have notice of a court date for a bench warrant to be valid. However, this is slight comfort to those who end up in jail awaiting a court order to be released or the bench warrant to be resolved.
Many bench warrants are issued for failing to appear in court on a traffic violation. In fact, hundreds of thousands of people a year miss traffic court in Georgia each year. Atlanta Municipal Court itself sees around 40,000-50,000 failure to appear traffic bench warrants alone each year.
A bench warrant may be issued for a probation violation. A probation violation is any violation of an order of probation for anyone who has been convicted of a crime and failed to abide by the rules associated with their probation. As a criminal lawyer, I have defended probation violations for decades. The State or City prosecutor, usually on the request of probation services, or after being notified of a probation violation, will file a motion to revoke probation. Once the motion to revoke probation is filed, a bench warrant will be issued for your arrest to law enforcement.
A failure to appear in court for any scheduled and noticed hearing can result in a bench warrant being issued against you. It could be an evidentiary hearing, a preliminary hearing, pre-trial or trial. At any point during a criminal, or even civil case, a bench warrant may be entered by a judge or court for a missed court date.
You can also receive a bench warrant for your arrest by grand jury indictment or by someone accusing you of a crime and swearing out an affidavit. For instance, if I watched my neighbor steal my lawn mower from my back yard, I could file a police report and swear out a warrant for their arrest in front of a judge. Likewise, if a grand jury finds probable cause during the grand jury indictment process, a warrant will be issued for your arrest upon a True Bill.
There are various ways to resolve a bench warrant in any Georgia State Court, or in any Municipal Court City Court. If you know about the bench warrant, you can turn yourself in. If a bond has been set, you can pay the bond and get a scheduled court date. If no bond has been set, you will have to sit in court until you get a bond hearing in front of a judge in court.
If you do not know about a bench warrant, it is often impossible to resolve, clearly, without first having contact with law enforcement. This contact can result from a traffic violation or by police units serving warrants on your home, place of work, or other known location. If you have a warrant from another state or another jurisdiction, and you are placed into custody, you will have to wait until the original jurisdiction sends someone to bring you back into the jurisdiction of the court. For instance, if you have a bench warrant issued in the Atlanta Municipal Court, and you are detained by Fulton County, Fulton County will not take you to the Atlanta Municipal Jail or Court. You will have to wait until the Atlanta Municipal Court sends someone to get you from the Fulton County Jail. Then you will have to wait to have a judge a set a bond or at least until you can pay a bond already set.
The best option to resolve a bench warrant in Georgia is to hire an attorney experienced with bench warrants and in criminal defense throughout Atlanta and the surrounding areas. A skillful attorney will know the police, prosecutors, clerks, and judges in the court issuing the bench warrant.
A knowledgeable attorney will file a motion to quash your bench warrant. Various reasons can be cited to quash a bench warrant. A local attorney will know what reasons judges and prosecutors like to quash warrants. Some warrants will require posting of a bond to quash.
If you have failed to appear in court and a bench warrant has been issued against you in Georgia, you need an experienced criminal defense lawyer to protect your Rights. I have helped thousands of clients and spent even more thousands of hours in Georgia Courts successfully defending clients and resolving bench warrants. I am licensed to practice law in every court in the State of Georgia and in Federal Court.
Most bench warrants can be resolved through skilled representation. Please contact me for a free consultation if you or a loved one needs help in defending against a bench warrant. I am very confident that my law firm can help you resolve your bench warrant. Protect your Rights and freedom by contacting us today. Please look at my client reviews and testimonials here. Call me personally at 404-255-1600.
“There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.”
Montesquieu