Arraignment Waiver

[Janetha]

Jurisdiction

Georgia

I had an arraignment scheduled after I was arrested and bonded out on felony charge in May.. that date was In July
That date was not really my arraignment date.
I went to the public defenders office to see if I could get a public defender and was told that the date had not yet been scheduled.
I waited a month stillno date. Lost my job due to the charges so I moved out of state to sc to work. I called the clerks office to give them my new address. During that phone call I was told my arraignment date was Oct 31. I left Sc went to ga yesterday ... I was not on the docket and no one would tell me anything. I'm back in SC called clerks office was told the date was changed again to Nov 15th. I wasnt notified in writing of either dates. But I can't afford to go back to Ga in two weeks. How can I get a waiver on my arraignment without a lawyer? The public defenders office has an application on line but was told I couldn't apply by the secretary. How can I get my arraignment date waived enter not guilty plea? Or can I call clerks office Ask that it be changed due to not being properly notified?

 

[army judge]

How can I get my arraignment date waived enter not guilty plea? Or can I call clerks office Ask that it be changed due to not being properly notified?

Is the address (and your contact details) on file with the prosecutor, court clerk current and correct?

If it isn't, that might be causing your problem.

It is up to you, no other person, to know when your arraignment will be held.

You could say no one told you, neither the court, nor the prosecutor will accept responsibility for you not knowing EVEN if BOTH were at fault.

You can avoid future problems by checking the court's website SEVERAL times a day.

Of course, you are FREE to call the court clerk's office.
That, however, isn't going to be useful.
If you think your court date is going to be 18 November, for example, its okay to confirm that on or about 16 November, even 17 November.

Your BIGGEST problem is TWO FOLD, and one will cause you big trouble.
You are out of state without the court's permission.
If you paid a bail bonding agency, it is also without their permission and knowledge.
If you paid for a bond through an agency, that agency can help you keep the date straight.
In fact, most agencies require a client to call them daily, or at least weekly.

If you were bonded out on your mere promise to appear, that is through the auspices of the court.
Read your documents you signed to receive your bond.
You are probably violating many of them.

Finally, you can't receive a court appointed attorney UNTIL you are arraigned (or whatever a similar process is called in GA.

You MUST appear on the date scheduled and on time.
You simply plead NOT guilty, and then ask the judge if you QUALIFY for a court appointed attorney.

Now, here's th rub.

In certain circumstances, you may be eligible for a court appointed attorney at no cost to you, other than a $50 application fee, which MUST be paid upon application.

Requests for court appointed attorney are only accepted in open court.

Your case can not be heard until the application process has been completed.

The court reviews your case to determine if you are eligible to submit an application.

A $50 application fee will be imposed but sometimes be waived by the judge.

You complete an application form which will require YOU to provide documentation.

You will then be interviewed by court staff to determine your eligibility.

The judge eventually reviews your entire application packet and makes a ruling concerning appointment of an attorney.

The process is lengthy, and often requires additional supporting documentation.

You are working and living in SC.

That will come out when you apply for a taxpayer paid lawyer.

Do you see why what you've done (or are doing) can be troublesome for you?

 

[Janetha]

My bond was not to stay in State. I asked if I could leave and was told I could.
I found out that the original address that was on the warrant was wrong which is why I called them several times to make sure they had the right one.
I was told I could leave as long as I made my court date.
I'm not trying jump bail
I'm trying to make sure I know my court date.
My bailsbondman wasn't even notified of the new date. I called and told him.

I just spoke with my bail bondsman again and he had no knowledge of the change. He stated to me that they change them all the time. He knows where I am.
My question was also two fold... if I obtain a lawyer can the enter a waiver?

 

[army judge]

I obtain a lawyer can the enter a waiver?

If I tell you YES, it means NOTHING.

If you find yourself to be a criminal defendant, whatever you do, don't do it on promises or permission given orally.

Everything about your situation must be in writing.

If I tell you YES, why would the court listen to something some anonymous dude told you over the internet?

Answer, the court wouldn't care what I told you, or a lawyer in your county advised you who happens NOT to be your lawyer of record.


I described the process of obtaining a court appointed lawyer in GA above.

You don't have a lawyer.
Yes, you could HIRE a lawyer, who MIGHT be able to make an appearance on your behalf.

Everything your wish to do must be approved by the judge hearing your case.

The next best thing is your bail bondsperson or agency.

The bail agency can keep you informed of the court date, but the court should be your source.

Ultimately it is up to you, even if you had a lawyer, to be in court when ordered.

 

[4Justice_MD]

I'm in Georgia,and the process described by army judge is "spot on,"also everything in your case such as permission to leave the state or county should be in writing.
Now this is the thing.With regards to you waiving your Arraignment,the answer is,NO,you cannot "personally" waive your Arraignment,especially on a felony charge,but even it was a Misdemeanor you would still have to have a lawyer(one that you hire,)to appear on your behalf,and enter a "not guilty" plea for you.so,the bottom line is,you will have to appear in court as ordered on the date you are scheduled for unless you have a"bonafide emergency,"and I do mean something very serious,or the judge will issue a warrant for your arrest.
I can well understand that you might not like all this inconvenience,but the Courts,couldn't care less about any hardship you might face as a result of your criminal charge.

 

[army judge]

I will just enjoy this very special moment.