Must I appear for failure to yield charge if the pedestrian walked away from the accident and refused treatment?

Get Legal Help Today

 Secured with SHA-256 Encryption

Must I appear for failure to yield charge if the pedestrian walked away from the accident and refused treatment?

What to expect at hearing?

Asked on October 1, 2012 under Accident Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You still need to appear for whatever type of hearing is set.  Even when a "victim" does not want to go forward with charges, an officer can still make the decision to go forward.  If other people can testify about the same facts of the case without the victim, the State can also move forward and try to get a conviction. 

If you do not show up for court, regardless of the type of hearing, then the court can issue a capias for your arrest. 

As far as what to expect, you don't specifically mention what type of hearing that you are going to, but usually, the court's will have at least one preliminary hearing or "announcement" where they will inquire about basic procedural matters like:  do you have an attorney, how do you want to plea, do you want to talk to the prosecutor, if you do want an attorney-- then how long will you need.  The court will also give you a setting for your next court date.  The next date may either be another announcement to update the court on where you are at in disposing of your case.  Some courts however, will give you a trial date after your first announcement-- if just depends on your judge. 

If your notice says that it is set for trial, then you need to be prepared to defend the merits of your case.  This is where the officer an other witnesses will come give testimony against you.  You will also have the right to ask them questions and make an argument on your own behalf.  If you don't feel comfortable defending yourself, you should take steps to find a criminal defense attorney to represent you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption