Plea in your absence

Because I handle a large amount of speeding cases in my practice, I have a good many clients that live outside the State of Georgia.  Most often, these clients are coming from or going to a vacation, trip with employment, or just taking a scenic tour of the jurisdiction they now have been ticketed in.  As a consequence of their jaunt into and out of the court's jurisdiction, it may be difficult or cost-prohibitive to return.  Enter the plea in absentia.

A "plea in absentia" is a latin term meaning a plea in your absence (this may be evident to you already).  What this plea allows you to do is dispose of your case without going to court, but not necessarily just pleading to the full charge you were initially ticketed.  The way it works is not unlike hiring a lawyer in any other manner:  the lawyer shows up for you, negotiates for you, and ultimately works out the best deal possible with the State.  Once the terms of the plea have been agreed upon with the prosecuting attorney, your lawyer sends you a document that waives certain rights and acknowledges the plea.  This is typically accompanied with the fine amount paid to the clerk's office, if any will be imposed.  Once your lawyer has the paperwork with your signature on it, he takes it to the judge and enters it on your behalf.  All this is done without you ever having to show back up in court.

You may be thinking that this is the same as simply paying the ticket, but I assure you it is not.  In many instances, there is room to negotiate with the State to avoid certain punishments.  For example, if you were clocked going 85 mph or better, you are a super speeder in the State of Georgia.  If you just pay the ticket, you have plead guilty to the speed and will see points assessed on your license as a result.  If, however, you hire a lawyer to appear on your behalf, he could negotiate to a lesser speed thus avoiding points and super speeder designation.  The money you save on insurance may not be realized immediately, but in time you will be glad you hired a lawyer.

The Uniform State Court Rules adopted by the State of Georgia allows judges, in misdemeanor cases (to include speeding tickets) to accept pleas in absentia in their discretion.  There are certain constitutional rights that you must waive in a particular way for a plea in absentia to be effective.  Because accepting a plea is in the judge's discretion, the form must be to his or her liking.  Hiring a lawyer familiar with what each judge requires is of the utmost importance.  If you are facing a ticket in Georgia and do not live within the state, contact a Georgia attorney to help you handle your case without traveling unnecessarily.

[This blog was originally published on JD's Guide to Speeding Tickets  on April 26, 2012.]

JD

John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.