In the State of Georgia, many courts allow you to waive your presence at your arraignment date if a waiver is filed in a timely manner with the court prior to your first court date. However, you will likely be required to attend court dates scheduled after arraignment. In the City of Atlanta Municipal Court, the appearance of the defendant can be waived up and until the final plea date once a defense attorney has filed an entry of appearance in the case. Your Atlanta DUI Attorney must follow the case management plan set out by judge assigned to handle the DUI cases in Atlanta. This is why it’s so important to hire an Attorney right away instead of waiting until the last minute.
If you live out-of-state or if attending court would be unduly burdensome, at the judge’s discretion you may be allowed to resolve your case through a plea “in absentia.” A plea in absentia is a document that sets forth the charges against you, the rights you must give up by entering a plea, and the terms of the plea agreement. Your attorney would then present the plea in absentia (in your absence) as if you were there yourself.
Finally, if you live out-of-state and want to have a bench trial or a jury trial, the judge may specially set your case for a particular trial date. A specially set trial allows an out-of-state defendant more certainty as to their court date, thereby limiting the number of times they have to come to Georgia. Like a plea or nolo, specially setting a case is completely within the judge’s discretion.
If you or someone you know has been charged with a Georgia DUI, contact the Howard Law Group ASAP so we can be there at your dui arraignment.