Tom McCutcheon – Attorney at Law
During the month of March, the Lauderdale County District Attorney’s office is running a program called Make It Up In March. This program is for people who either didn’t remember to show up in court or haven’t paid their fines as they were ordered. During March, the District Attorney’s Office has an offer to work with these people and probably waive a failure to appear charge and set up a payment program to get these outstanding fines and court costs paid. You can call the Lauderdale County District Attorney’s Office at 256-764-6351 and speak with either Carolyn or Krystal. I have known both of these ladies for many years and I have always been impressed at how hard they work to help people solve their problems and stay out of the court system. They are outstanding.
Some years ago, I helped set up the municipal court in Lexington and served as the judge for four (4) years. I really did not enjoy being a judge. I don’t like finding people guilty or putting people in jail, although on occasion it was quite satisfying.
The problem that people have to if they forget to show up for court is that the judge really has no choice other than to issue a warrant for their arrest on a charge of “failure to appear”. The problem is now two-fold. First, this is a new charge with new court costs and a new fine so it costs more money and it’s not cheap. Secondly, and more interestingly it is a “non-bondable” offense. What that means is that if you are pulled over in Florence and they run a check and there is a failure to appear charge in Decatur, they have to take you to jail where you will wait until Decatur sends someone to pick up and put you in jail in Decatur where you will not be allowed to make bond because you have already proven that you will not show up for court. They will not let you out until you have seen a judge and made some arrangement to pay the outstanding fine plus answer for the new charge of failure to appear.
The solution that I have always offered my clients in that situation is for me to take them to the next available court date where they missed court and often the court will dismiss the failure to appear and accept a suitable arrangement for payment of the fines. If they are pulled over before then or have some contact with a police officer who runs their license, they will be held until the failure to appear charge is resolved.
Anyway, the Lauderdale County District Attorney’s Office during the month of March is sincerely trying to help people who may have missed payments or court dates.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
