Time Served is Time Served
My question involves an arrest warrant from the State of: Georgia
I was arrested twice for for traffic offenses in 2006. Both arrests were combined into one Court case and was heard on 05/05/2007. I was found guilty and was given 1 year probation and a $5,000 fine. I filed an appeal on the judgment. I fulfilled my probation obligation by faithfully reporting to my PO every two weeks. I paid zero money on the fine as I had put the judgment into the appeals Court. My probation ended before the Court of Appeals made a decision and my PO signed me off of probation. I lost my appeal. I also have not paid any money towards my fine. Never heard anything more about it.
Recently [four days ago], I found my picture in the newspaper in the "crime stoppers" section. All it says is "Bench Warrant". I live a clean life so all I can figure is that the bench warrant is for not paying my fine. A debtors prison is illegal and unconstitutional. What am I facing when I go to Court and explain that I can not pay the fine?
Time served is time served. It is not time served plus more time still yet if there is a fine. The judgment was one year. I served one year on probation and was signed off of probation 17 months ago. [29 months total]
P.S. I have no drivers license or State ID. I own no property or real estate. I do not work as I retired.
P.S.S Why be arrested? Can I just go directly to Court and be heard by the Judge? Being arrested is an unnecessary step.
Re: Time Served is Time Served
Presumably either (a) the discharge of your probation was left contingent upon the outcome of your appeal and payment of your fine, or (b) the court is proceeding with a bench warrant under its contempt powers.
If you can find out what is happening, it will be easier to make suggestions - beyond the obvious (pay your fine).
Re: Time Served is Time Served
Your misunderstanding is that the appeal did NOT change the terms of probation. You still had to pay the restitution even if it was under appeal when it is part of probation. You could have asked to pay it into a trust fund or some other instrument under court supervision.
This situation is different from a civil case where you appeal a money judgment. But even in that case the court can require you to put up a bond. In any case, you would be paying interest on the judgment while under appeal.
If you know you have a bench warrant, your best bet is to talk to an attorney and I would guess be careful not to be arrested and go surrender on a Monday morning so you can get into court right away. Getting busted on a Friday night would be a real bummer.
Re: Time Served is Time Served
Did you receive a discharge from the probation department?
Re: Time Served is Time Served
The last time that I met my PO was in his office. I hadn't kept up with the date and so he himself surprised me when he informed me that we were finished. There was no discussion about the Appeals Court or the fine, it just didn't come up. I was fully convinced [at the time] that I was going to win and I think that he was convinced as well.
Discharge from the probation department? I have never received any communication from the probation department, ever. Not then and not since. No post mail, e-mail, or phone calls. The probation department is a black hole. Everything goes in but nothing comes out.
Re: Time Served is Time Served
Not sure about Ga, but here, you would definitely get discharge papers in the mail.