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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 11-03-2004, 04:38 PM
JeannieS
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Red face

theft by taking


What is the name of your state?Georgia

Okay here goes. In may of 2004 I wrote a check to a jeweler for 122.00. Things came up and I stopped payment on the check. I thought eventually they would turn it over to a collection agency.In october I recieved a letter from the Magistrate court that the jeweler was charging me with theft by taking.I didn't appear atthe court date.Today I just recieved another letter from the magistrate court that the jeweler has made an application for a criminal warrant against me for the offense of Theft by taking.The letter says "Notice of Arrest Warrant application" .
I CANNOT go to jail.I have a small toddler and noone else to care for him.
aRE THERE ANY OPTIONS FOR ME ON AVOIDING JAIL WHEN i CAN'T AFFORD A LAWYER?oops cap lock...sorry.
Also if I didn't make the court appearance is there a statue of limitations of arrest warrants?
  #2  
Old 11-03-2004, 05:03 PM
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If a warrant is issued it will remain until the warrant is served (i.e. you are arrested) or until it is withdrawn by the issuing agency. In other words, it will remain for almost ever.

You have no choice but to handle this. Perhaps you can pay off the jeweller in advance. But, if you are arrested, and your child goes to social services, you may have even more problems!

You had best drop everything and handle this mess right now.

- Carl
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  #3  
Old 11-04-2004, 09:56 AM
JeannieS
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question.


Thank you for your post cdwjava.When I show up at court do you any idea what will happen at the proceeding?I have never been charged with any crime at all.Do I have a shot at not going to jail?Also any idea how I will stand if I don't have a lawyer?
  #4  
Old 11-04-2004, 11:40 AM
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It's hard to say as every judge could do things differently. If you haven't any other record you may get a post trial diversion, which means you pay court costs and back what you owe them and stay out of trouble for 11 months and 29 days. The first time you go will probably be for an arraignment and then you get a trial date. An attorney or not is up to you, but with no record, and for this small amount of money, I wouldn't bother with one.
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