Failure To Appear: What Happens If a Person Does Not Show Up for Court in A Criminal Case in Georgia?

What happens if you do not attend a Criminal Court Date in Georgia?

In contrast to other occasions in our lives, you cannot fit court hearings around your schedule. Unfortunately, the court determines the date and time of your hearing.

Although taking time off work or arranging childcare might be a hassle, attending your scheduled court dates is important.

In Georgia, failure to appear at a scheduled criminal court date is a criminal offense in and of itself.

What is the Georgia Law on Failure to Appear?

As stated in O.C.G.A. § 40-13-63, failure to appear is:

The failure of a person to appear in court after receiving written notice can lead to a criminal citation that is punishable with a fine and jail time.

Failing to appear for a court date for certain crimes can also result in the automatic suspension of your license.

Legal Notice of a Missed a Court Appearance

For most traffic citations in Georgia [O.C.G.A. § 17-6-11], if a person fails to appear for the defendant’s traffic court hearing, the court clerk must notify the defendant by mail of the defendant’s failure to appear before issuing a bench warrant.

This notice allows the defendant 30 days to dispose of the criminal charges, waive arraignment, or plead not guilty. If the defendant has not resolved the charges at the end of the 30 days, the court clerk will notify DDS within five days. The Georgia Department of Driver’s Services will suspend the accused driver’s license number until the failure to appear charge has been resolved.

For out-of-state driver’s, you may still find that your license has been suspended even if you missed a court appearance in Georgia. If your license is suspended in Georgia, they will notify your home state of the suspension, and most states will honor the suspension and suspend the out-of-state driver’s license.

Missed Court Dates for Serious traffic offenses in Georgia

In contrast to most traffic tickets that do not require you to appear in court, many serious traffic violations require a court appearance and cannot be resolved with a simple fine. You must be in court if you are charged with a DUI or driving with a suspended license, reckless driver, aggressive driving, racing, unlawful passing of a school bus, fleeing or eluding, hit-and-run, possession of marijuana, and a myriad of other charges. If you do not appear for one of these offenses, your license may be suspended, and a judge may issue a warrant for your arrest.

Getting Your Georgia Driver’s License Reinstated

To get your license reinstated after being charged with failure to appear, you must submit proof of the final adjudication of the criminal case and pay the restoration fee to the Georgia Department of Driver’s Services.

If you fail to get your license reinstated with the Georgia Department of Driver’s Services, your license will remain suspended even though your criminal case has already been resolved.

Contact us immediately if you face legal trouble due to failure to appear at a trial date or court hearing. We can help you minimize the consequences and guide you on how to handle the issue. Call today for a free consultation.