If my boyfriend missed his court date due to being out of state looking for work, can they really put him in jail if he didn’t know about it?

Asked on September 21, 2012 under Criminal Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if a defendant misses a scheduled criminal appearance the court generally issues a bench warrrant for his or her arrest.

If arrested under the bench warrant, the person is then jailed and either posts bail  and then appears in court or appears in court after spending time in jail if bail is not posted or allowed. The issue of knowledge about the court date that was missed is an issue to be determined by the court.

I suggest that if your boyfriend has a bench warrant out for his arrest that he retain a criminal defense attorney to clear it and set a court appearence on his matter.

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