Am I Going to Jail for This?

[JRob34]

Im just asking what USUALLY happens in a case with these circumstances.

[panther10758]

We understand what you want. We cant give it to you! How about jail are you happy now?

[LawResearcherMissy]

There is no "usually". Each case is different.

Now go get a lawyer and stop being ridiculous.

[VinnyCee]

I don't know if you guy's know this, but not everyone is able to afford an attorney!

He doesn't need one at this point anyways. It's a misdemeanor charge, you're in college, you have a place to live. I doubt that the judge is going to deem you a threat to the community and thereby deny you bail! Even accused murderers and rapists are routinely given bail amounts. Their amount may be astronomical, but they get one set nonetheless!

From the Carroll County Sheriff website:

20. How do I make an inmate’s bond?

Surety or property bonds as they are commonly referred to, are available for most offenses, misdemeanor and felony. If a property bond is not already noted among the list of offenses and their bond amounts, the person will have to have an appearance before a judge to establish whether bond will be permitted and in what amount.

[...]

23. What is a “first appearance” hearing?
According to O.C.G.A. 17-4-26, "every law enforcement officer arresting under a warrant shall exercise reasonable diligence in bringing the person arrested before the judicial officer authorized to examine, commit, or receive bail and in any event to present the person arrested before a committing judicial officer within 72 hours after the arrest."

All persons arrested on a non-bondable felony, as well as offenses in violation of Family Violence Act are seen by the Magistrate Court judge. There are certain offenses for which an individual must appear before a Superior Court judge to set bond, O.C.G.A. 17-6-1

It appears that this county does not have a public warrant look up service. You may be able to contact them by phone or email and see how much the bond is for your warrant and just go down there and pay it and walk away with a date to appear in court. However, some departments won't even let you do that, they require you to appear in person to get any warrant information so that they can arrest you on the spot. Tricky they are sometimes! But you should already have the bond amount if you know you have a warrant out. You should have been notified of the bond amount by whomever told you that you had a warrant.

Just have your buddy go with you with an amount you feel would cover the bond. Probably not more than $500, more like $200, or even a Personal Recognizance Bond might be set since the charges are so minor.

Definitely go to Jury trial with your court appointed attorney - don't settle for a plea bargain where they drop the trumped up, excessive charges for you to plead guilty to something.

[panther10758]

So your advice is defend himself with no legal skills or background. Thats not advice its suicide! Yes he can afford an Attorney he can request a public defender.

[aaron]

The issues here involve not just a new misdemeanor, but also a probation violation.

Most criminal defense lawyers offer a free initial consultation, so there's usually no reason not to consult one even if you don't anticipate being able to afford to retain him.

[JRob34]

Actually... I talked to a Sheriff's deputy today who called me to find out if I plan on turning myself in or what. He first notified me of my warrant that has NO BOND. From what I understand, I must surrender myself to the jail, and wait to see a judge who will then determine what to do about my VOP. The judge then determines my fate... from what I understand there is no way I can bond out of this... no matter how un-serious the crimes seem and if I'm a college student. The only upside to my conversation with the officer today was that he will stop coming out to my house to look for me because I gave him my word I would turn myself in. He also said I could wait to do that until the 28th so I could have a chance to finish my summer classes and not flunk out of school. To be honest with you, I think I may have talked to the only decent human being in the entire Carroll county law enforcement system today. It doesn't look good for me, and I am in the process of getting a lawyer. Thanks for all the help... the comments are always appreciated. I check this message board numerous times a day.

[JRob34]

also... I just realized I have a probation appointment on the 18th... Im not going to go because they will lock me up on the spot; when the officer told me that he would let me wait til the 28th to turn myself in. So... I plan on sending in my money with a letter to the P.O. because I dont want to get locked up. I assume this is better than nothing. What do yall think... good idea?

[panther10758]

MIssing a probation appointment is bad idea!

[LawResearcherMissy]

What do yall think... good idea?

STUPID idea.

You don't want TWO probation violations to contend with, do you?