Tom McCutcheon – Attorney at Law
Q: I got a speeding ticket in Decatur, Alabama and I forgot about the court date. An alias warrant has been issued for my arrest. What do I do?
Richie
Florence, AL
A: When you are pulled over for any reason, at all, you will be taken to jail. Decatur will send an officer to the city where you are being held and they will transport you by uniformed officer to jail in Decatur, Alabama. A judge is required to see you within 72 hours to set bond.
Because you failed to appear, you have been charged with “failure to appear”. The vast majority of traffic related offenses and other misdemeanors have a schedule of fines so that if a person agrees that they are guilty, they can go to court clerk’s office and pay their fine and court cost. That is not true for a failure to appear charge. Because you failed to appear, you will either have to pay all of the fine for the original charge and the fees for the new charge of failure to appear.
Failure to appear is not a bondable offense. If the police have contact with you and see an outstanding warrant they will take you to jail. In Florence we have a designated warrant officer who occasionally will call someone and ask them to turn themselves in. That is a courtesy. Follow their advice. Still, call a lawyer.
My typical advice is to wait until the very earliest opportunity to appear before the judge and explain your situation. I think you need a lawyer. A lawyer could keep you from going through the arrest process 9 times out of 10.
Usually in a traffic court situation, an attorney can save you some fines and fees and charges depending on the circumstances of the arrest and what the charges are. Remember every time that I am asked about dealing with the police, I always emphasize that you must be polite. You may not agree and rightfully so with the police officer’s actions, but it is always every time easier for an attorney to help if the officer either remembers that you were nice or doesn’t remember anything particular at all. In those cases that I have had where people cursed the officer or threatened their job I can tell you that if just makes the case 100% more difficult to resolve favorably for the client.
Court is not optional. Judges go to great lengths not to waste time and go to great lengths to emphasize that court is mandatory.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
1 comment
I went to my court date but had to leave due to an er visit I got really bad feeling I had been bit by something and thought may had been poisonous I was treated and luckily it wasn’t poisonous but it wasn’t just a small bite I had waited 1hour and half my court appointed attorney wasn’t there I assume he was her assistant hadn’t talked to me yet I couldn’t sit any more I got very nauseous and went on to er now have a warrant what do I do??