How to get bond set if incarcerated for a bench warrant?

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How to get bond set if incarcerated for a bench warrant?

My fiancee received a letter on 02/10 for an arraignment. The letter was mailed out from the clerk of the court on 02/08 and was only delivered to the mailbox on the 10th, which was the same day as court. He has been locked up since the 02/17. Also, how long the jail can keep him locked up without him going before a judge? Is there is a certain amount of time before they have to give him bail or release him?

Asked on March 3, 2011 under Criminal Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, depending on the state, they must bring him before a judge for at least the preliminary hearing/arraignment. He should have public counsel appointed to him by nowif he has yet to obtain private counsel.  Next thing is to figure out why the notice was mailed late and if it was considered improper notice. He might be able to get out of jail on ROR or on low bond if there was a technical mistake which led to improper notice. You need to find out what the underlying issue was and take it from there. He should have already appeared before the judge by now.  If he hasn't, there has to be some sort of reason (think court closings, too many dockets, no appointed counsel).


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