Criminal Charges for Bail Jumping in Georgia?

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If you were arrested and made bail but failed to appear in court, you could be facing a bail jumping charge for violating the conditions of your bail. But, maybe you simply just missed your court date or maybe your absence from court was due to circumstances beyond your control. If you are questioning the bail jumping charge against you, contact Bixon Law today. Our experienced criminal defense lawyers can evaluate your case and advise you on the best course of action. For now, here’s some information on bail jumping in Georgia.

Bail Jumping in Georgia

Under Georgia law, O.C.G.A. § 16-10-51, any person who has been charged with or convicted of the commission of a felony under the laws of this state and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place commits the offense of felony-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his last known address or otherwise being notified personally in writing by a court official or officer of the court, he fails without sufficient excuse to appear at that time and place.

Any person who has been charged with or convicted of the commission of a misdemeanor and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place commits the offense of misdemeanor-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his last known address or otherwise being notified personally in writing by a court official or officer of the court, he fails without sufficient excuse to appear at that time and place.

Penalties for Bail Jumping in Georgia

A person convicted of the offense of felony-bail jumping shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both. A person convicted of the offense of misdemeanor-bail jumping shall be guilty of a misdemeanor.

Out-of-State Bail Jumping

Under Georgia law, O.C.G.A. § 16-10-51(c), any person who has been charged with or convicted of the commission of any of the misdemeanors under this statute and has been set at liberty on bail or on his or her own recognizance upon the condition that he or she will subsequently appear at a specified time and place and who, after actual notice to the defendant in open court or notice to the defendant by mailing to the defendant’s last known address or otherwise being notified personally in writing by a court official or officer of the court, leaves the state to avoid appearing in court at such time commits the offense of out-of-state-bail jumping.

Penalty for Out-of-State Bail Jumping

A person convicted of the offense of out-of-state-bail jumping shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both.

Georgia Case Law on Bail Jumping

In Burnette v. State, 241 Ga. App. 682, 527 S.E.2d 276 (1999), the defendant was convicted of felony-bail jumping. On appeal, he contended that the trial court erred in denying his motion for directed verdict after a variance in the location of his last known address was presented at trial. The felony-bail jumping indictment alleged that he had received notice of trial by mailing the calendar to his last known address-Route 1, Box 402M, Springfield, Illinois, 47462 and had acknowledged the court appearance by calling his attorney.

During the trial, it was acknowledged by the State that Burnette’s correct address was Route 1, Box 402A, Springville, Indiana, 47462. The State further acknowledged that Burnette’s copy of the trial calendar giving him notice of the trial dates was actually mailed to the wrong address. Burnette contends that a fatal variance between the indictment and the evidence exists because the State did not mail the court calendar to his last known address, as provided in the indictment. The State argued that the statute provides for notice to the defendant by several different methods and because it proved that Burnette received notice by one of those methods, no fatal variance existed.

The Court went on to state that, “[The] discrepancy in the evidence does not constitute a fatal variance. The true inquiry, therefore, is not whether there has been a variance in proof, but whether there has been such a variance as to affect the substantial rights of the accused. In the present case, the indictment alleged that Burnette acknowledged the court appearance by calling his attorney. Additionally, Burnette’s former attorney testified that he had informed Burnette both by telephone and in writing of the upcoming court dates. Therefore, it is clear that any variance in Burnette’s last known address did not affect any substantive rights or Burnette’s ability to prepare his defense.” The Court affirmed the defendant’s bail jumping conviction.

Possible Defenses to a Bail Jumping Charge in Georgia

As with any criminal charge, your future is at stake. Here at Bixon Law, we’ll assist you in strategizing the best possible defense in your case depending on the facts and circumstances involved. In a bail jumping case, there are some possible defenses:

You Have a Justifiable Excuse for Missing Court: Presenting evidence that you missed your court appearance due to circumstances beyond your control is a valid defense. However, the evidence must be sufficient to prove so.

You Did Not Receive Notification to Appear in Court: Under the statute, the accused must have received notice to appear in court at his or her last known address. Thus, if you can provide sufficient evidence that you did not receive notice then the bail jumping charge against you could possibly be dropped. However, as illustrated in Burnette v. State, the defendant must prove that he or she did not receive notification by any other means or methods.

Contact Bixon Law Today

If you have been charged with bail jumping, call Bixon Law today. You need an experienced Georgia criminal defense lawyer who will defend your legal rights and vigorously advocate on your behalf to have your case dismissed or the charges against you reduced. We represent clients in Atlanta and throughout the state of Georgia. And, we are lawyers who are committed to helping people in difficult situations. We invite you to call us at 404-551-5684 for a free consultation today.