How can you have a failure to appear warrant when you were never notified of a court date?

My boyfriend was arrested on a failure to appear warrant for 4xsimple battery charge but he was never notified of a court date.What will happen now and will he be released

Asked on June 29, 2009 under Criminal Law, Georgia


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Georgia, the general rule is that it is the defendant's responsibility to be aware of his/her court date(s) and appear in court on the appropriate date.  You do not state how/why your boyfriend was not notified of his court date.  If it was his first appearance, his court date should have been on the summons or the bond paperwork.  If it was not his first court appearance, he should have been told of his next court date at the previous appearance.  An attorney can file a motion to vacate a re-arrest warrant if there is some good excuse for missing a court date (such as if the Court personnel made a mistake and wrote the wrong date on the file or the applicable paperwork); however, in most circumstances a defendant is presumed to have a duty to be aware of his/her court dates.

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