How to get bond set if incarcerated for a bench warrant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.