Many people don’t think that it’s a serious matter to miss a court date. However, doing so can subject you to criminal penalties and make the judge assigned to your case have a negative association with you. Busy court dockets in Georgia underscore the need for people to take mandatory court appearances seriously so that the criminal justice system can work more efficiently.
If you have realized that you missed a court date in your case in Georgia, you need experienced legal representation. The criminal defense attorneys at Crawford and Boyle, LLC can assist you with charges for failure to appear in court in Georgia and the underlying criminal charges you are facing. We have over 50 years of combined experience we can leverage to fight for you. Contact us today for a confidential consultation.
Georgia’s Failure to Appear Law
O.C.G.A. § 40-13-63 establishes the offense of failure to appear. According to this statute, it is an offense for someone to willfully fail to appear in court after they made a written promise on a citation and complaint that was served on them to appear. This offense is punishable by a fine of up to $200 and incarceration of up to three days.
The Possibility of Getting a Bench Warrant
One of the most serious consequences that someone can face after missing a court appearance in Georgia is having a bench warrant executed against them. A bench warrant is a warrant that a judge can issue if someone misses a court date. When a bench warrant is issued against someone, their name goes into a statewide computer system. If the person is stopped for a traffic violation or otherwise comes into contact with law enforcement, the officer may check the database to see if there are any active warrants. If there are, they can take the person into police custody.
Once the person is in custody, they may remain incarcerated until their court date or until they can post bail. This can cause serious disruption to their work and interfere with their life and freedom.
Failure to Appear, Traffic Tickets, and Driver’s License Consequences
For some traffic tickets, if you pay a fine, you are pleading guilty to the offense, but you don’t have to appear in court. However, other traffic violations do require a court appearance and cannot be avoided simply by paying a fine. This generally applies to serious traffic offenses, such as:
- DUI
- Driving on a suspended license
- Reckless driving
- Attempting to elude
- Hit-and-run
- Street racing
Do not assume that the matter will be resolved with a traffic ticket. If you are facing a misdemeanor traffic offense, you need legal representation, especially if you have missed a court date.
If you do not appear in traffic court when you are supposed to, your Georgia driver’s license will likely be suspended. The court clerk’s office can notify the Department of Driver Services (DDS) of your missed court date. The DDS mails the defendant a notice that their license will be suspended due to the missed court date. Some people may not be aware that this even happened because they may not have the right mailing address listed on their driver’s license.
If a person has an out-of-state license and misses a court appearance in Georgia, their driver’s license can still be suspended because the court clerk can notify your home state of the missed court date.
Georgia’s Law on Notice After Missing a Court Date
Georgia law requires the clerk of court to notify the defendant of their failure to appear before issuing a bench warrant. Under O.C.G.A. § 17-6-11, the clerk of court notifies the defendant by first-class mail or a postcard of their failure to appear at the address listed on the traffic citation. The notice must be dated and must give the defendant 30 days from the date listed to dispose of their charges or waive arraignment and plead not guilty.
After the 30 days expire, if the defendant did not dispose of their charges or waive arraignment and plead not guilty, the clerk of court notifies the Department of Driver Services of the missed court date within five days unless the court has ordered otherwise. The commissioner of Driver Services suspends the driver’s license until they are notified by the clerk of the court that the driver’s license should be reinstated. The suspension period lasts until the defendant has scheduled a new date to appear before the court, has appeared for a hearing, arraignment, or waiver of arraignment and entry of a plea, or the charge against them has been resolved and the DSS receives notice to reinstate the license by the court. The defendant may be required to pay a reinstatement fee.
This law applies to criminal offenses under Title 40 of the O.C.G.A., but it doesn’t apply to violations where a driver’s license can be suspended for a first offense, such as fleeing or attempting to elude, hit and run, or driving with a suspended license.
Probation and Failure to Appear
If you are on probation and required to appear in court, failing to appear is classified as a violation of your probation. This can be punished by any of the following:
- Revocation of probation and the requirement to serve the remainder of your sentence
- Mandatory community service
- Additional fines
- Stricter terms added to your probation
If you are facing an FTA while you are on probation, contact our skilled legal team today.
Hidden Consequences of a Failure to Appear
While a fine and a few days in jail might not seem like a huge deal to you, receiving a failure to appear citation can negatively affect your life and criminal case. The judge may not trust you and may impose harsher bail requirements than they otherwise might not. The prosecutor could also be hesitant to grant you alternatives that require follow-up from you, such as completing classes or a diversion program because they might not think that you are taking the charges against you seriously, making it more difficult for you to receive a favorable plea agreement.
Frequently Asked Questions: Failure to Appear in Court in Georgia
How to Reinstate Your License After Receiving a Failure to Appear
If your driver’s license was suspended due to your failure to appear, you may need to complete various steps to have it reinstated. This includes:
Paying the failure to appear fee: Generally, you will need to pay the $100 failure-to-appear penalty as a prerequisite to have your driver’s license reinstated. The fee is $90 if paid by mail.
Submitting the appropriate form to the DDS: You will be required to submit a Form 912 FTA to the Georgia Department of Driver Services.
Providing proof that you resolved the failure to appear: You must provide proof from the court that you have resolved the failure to appear.
Paying the reinstatement fee: You will also be required to pay a reinstatement fee before your driver’s license is reinstated.
After you take these steps, your driving privileges can be reinstated immediately after your paperwork and fee are processed.
How Can a Georgia Criminal Defense Lawyer Help If I Missed a Court Date?
Your criminal defense attorney can serve as your advocate to help resolve a failure-to-appear situation in your favor. Our Georgia criminal defense lawyers work within the local system and with local prosecutors on a daily basis. They may be able to help clear up misunderstandings to get your case back on track. They could also be able to resolve the issue as part of a favorable plea agreement.
If you have a valid excuse for missing the original court date, your lawyer can help communicate this information to the court. If an emergency situation arose, this information can be communicated once you appear before the judge. For example, you might have been in custody somewhere else or hospitalized. Your criminal defense attorney can communicate that the failure to appear was not intentional and that you are not trying to actively avoid the court or your responsibilities. Your lawyer may also be able to help gather documentation and other evidence to establish why you missed the court date to further support your version of events.
They may be able to get a rescheduled hearing date for your case so that it can be resolved. Sometimes, it is possible to get the failure to appear waived by the court so that you don’t have this added and unexpected expense. Criminal defense lawyers can sometimes help lift a bench warrant so that you don’t have to worry about being taken in.
At Crawford and Boyle, LLC, we help clients who are facing all types of criminal charges, probation violations, and failure to appear matters.
When Does the Failure to Appear Suspension Go into Effect?
According to the DDS, the failure-to-appear suspension goes into effect 28 days after it receives notice of your failure to appear. This means that you have time to resolve the failure-to-appear and protect your driving privileges if you act quickly.
How Do I Know If the DDS Has Received the Release of My Failure-to-Appear Case?
The DDS reports that most Georgia courts submit failure-to-appear releases to the agency electronically. The defendant is also given a written court release. You can ask the court clerk if they have submitted this information electronically to the DDS. You can also view your DDS Online Services account to verify whether the release has been applied to your record. You can also provide the written release to the DDS to personally ensure that it has your information.
Contact an Experienced Georgia Criminal Defense Lawyer for Legal Assistance
Appearing in a criminal case can be intimidating. The seasoned criminal defense attorneys at Crawford and Boyle, LLC are here to guide you through the criminal justice system with ease and confidence. We can evaluate your criminal charges, explain the potential consequences, and notify you of any required court dates.
If you have already missed a court date and are facing failure-to-appear penalties, we can investigate the cause of the missed date and whether you have a valid defense that we can communicate to the court on your behalf. We can also work with the court to schedule a new hearing and lift the bench warrant.
If you are concerned about your failure to appear, the legal team at Crawford and Boyle, LLC is here to help. We have over 50 years of combined legal experience that we can leverage to protect your rights and freedom. Contact us today for a confidential consultation.