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Outline

The Georgia Plea Absentia form serves as a vital tool for individuals facing criminal or traffic charges who wish to enter a plea without appearing in court. This option can provide significant convenience for those who may be unable to attend due to various reasons, such as health concerns or scheduling conflicts. The form requires the defendant to provide essential personal information, including their name, date of birth, and current address, along with a contact number and email address. Within the form, defendants acknowledge their charges and express their intent to plead either guilty or no contest. It is important to note that a no contest plea does not admit guilt but indicates a willingness to accept the consequences without contesting the charges. After submitting the form, defendants can expect to receive further instructions and details regarding fines and court costs from the City of Atlanta Solicitor’s Office. While most requests for pleas in absentia are accepted, there is a possibility of rejection, which will be communicated via mail. Following the submission, defendants will also be given a reset court date, typically 90 days from the submission, to ensure the case is resolved in a timely manner. Adhering to these guidelines is crucial, as failing to appear on the reset date may result in additional penalties, including the suspension of driving privileges. The form can be submitted through various methods, including email, fax, or traditional mail, making it accessible for those who need it.

Sample - Georgia Plea Absentia Form

KASIM REED

CITY OF ATLANTA

RAINES F. CARTER

MAYOR

CITY SOLICITOR

OFFICE OF THE CITY SOLICITOR

3RD FLOOR

150 GARNETT STREET S.W.,

ATLANTA, GEORGIA 30303-3700

TEL (404) 658-6618 FAX (404) 658-7956

DEFENDANT NAME: _________________________________________________________________

DATE OF BIRTH: _________________________________________________________________

CURRENT ADDRESS: _________________________________________________________________

_________________________________________________________________

Daytime phone: (_______) -__________________ Email address: __________________________________

INITIAL REQUEST TO ENTER A PLEA IN ABSENTIA

I ACKNOWLEDGE THAT I AM ACCUSED OF THE CRIMINAL / TRAFFIC CHARGE(S), LISTED BELOW.

CHARGE: ______________________________________________CITATION NO: __________________________

CHARGE: ______________________________________________CITATION NO: __________________________

CHARGE: ______________________________________________CITATION NO: __________________________

If you have more than three charges, write them on a separate sheet of paper and attach it to this document.

READ CAREFULLY AND FOLLOW INSTRUCTIONS

I WISH TO ENTER A PLEA OF_______________________ (GUILTY OR NO CONTEST) AND WISH TO DO SO IN

ABSENTIA. THAT IS, I WISH TO ENTER MY PLEA WITHOUT APPEARING PERSONALLY BEFORE A JUDGE. PLEASE NOTE THAT A PLEA OF NO CONTEST MEANS THAT YOU ARE NOT CONTESTING THE CHARGE AND THAT THE PLEA MAY NOT BE USED IN ANY CIVIL LITIGATION ARISING OUT OF THE INCIDENT THAT IS THE SUBJECT MATTER OF THIS PLEADING. A PLEA OF NO CONTEST MAY OR MAY NOT BE USED BY THE DEPARTMENT OF DRIVER SERVICES TO ADD POINTS OR SUSPEND YOUR LICENSE. IF MY PLEA IS ACCEPTED BY THE COURT, I

UNDERSTAND THAT THE JUDGE WILL IMPOSE A FINE AND COURT COSTS AS SET FORTH IN SUBSEQUENT DOCUMENTS TO BE RECEIVED BY ME FROM THE CITY OF ATLANTA SOLICITOR’S OFFICE (PROSECUTOR).

The majority of requests to enter a plea in absentia are accepted. However, there are pleas that are rejected for various

reasons. You will be notified through the mail, if your plea in absentia is rejected at any point during the process. Please note that once you receive documents from the City of Atlanta’s Solicitor’s office, you must follow the instructions set out

in said documents. All plea in absentia cases are given a 90 day reset court date. You will be notified by mail of the new date. This is the date by which we want to have your case completed through the mail. If your case cannot be completed through the mail in the 90 days, then the reset date becomes an actual court appearance date. Failure to appear at a court appearance date may result in the suspension of your driving privilege and a $100.00 penalty being added to your case.

You may email this request to [email protected], you may fax this request to (404) 546-9339, or you may mail your request to:

ATLANTA MUNICIPAL COURT ATTN: OMBUDSMAN UNIT/PIA 150 GARNETT STREET, SW ATLANTA, GEORGIA 30303

Form Information

Fact Name Description
Governing Law The Georgia Plea Absentia form is governed by Georgia state law regarding criminal and traffic offenses.
Plea Options Defendants can enter a plea of either "Guilty" or "No Contest" without appearing in court.
Notification of Acceptance If the plea is accepted, the defendant will receive notification by mail regarding fines and court costs.
Consequences of Non-Appearance Failure to appear at a scheduled court date may lead to a driving privilege suspension and a $100 penalty.

Detailed Guide for Filling Out Georgia Plea Absentia

After you complete the Georgia Plea Absentia form, it will be submitted to the appropriate authorities for review. You will receive further instructions based on the outcome of your plea. It's important to follow the guidelines provided to ensure your case is handled correctly.

  1. Begin by filling in your defendant name at the top of the form.
  2. Next, provide your date of birth.
  3. Enter your current address, including any additional address lines if necessary.
  4. Fill in your daytime phone number and email address.
  5. In the section for initial request to enter a plea in absentia, acknowledge that you are accused of the charges listed.
  6. List the charges and their corresponding citation numbers. If you have more than three charges, write them on a separate sheet and attach it.
  7. Clearly indicate whether you wish to enter a plea of guilty or no contest.
  8. Read the instructions carefully and ensure you understand the implications of your plea.
  9. Sign and date the form at the bottom.
  10. Decide how you will submit the form: via email, fax, or mail.

Obtain Answers on Georgia Plea Absentia

  1. What is the purpose of the Georgia Plea Absentia form?

    The Georgia Plea Absentia form allows individuals accused of criminal or traffic charges to enter a plea without appearing in person before a judge. This process is designed for those who may be unable to attend court due to various reasons, enabling them to address their charges while still complying with legal requirements.

  2. What types of pleas can be entered using this form?

    Individuals can enter either a guilty plea or a no contest plea using the Georgia Plea Absentia form. A guilty plea indicates acceptance of the charges, while a no contest plea signifies that the individual is not contesting the charge. It is important to understand that a no contest plea may have implications in civil litigation related to the incident.

  3. What happens after submitting the plea in absentia?

    Once the plea is submitted, the court will review the request. Most requests are accepted; however, some may be rejected for specific reasons. If a plea is rejected, the individual will receive a notification by mail. If accepted, the court will impose a fine and court costs, which will be communicated in subsequent documents from the City of Atlanta Solicitor’s Office.

  4. What is the timeline for processing the plea?

    All plea in absentia cases are assigned a 90-day reset court date. This date is when the court aims to have the case resolved through mail. If the case cannot be completed within this timeframe, it may require an actual court appearance, which could lead to penalties if the individual fails to appear.

  5. How can individuals submit their plea in absentia?

    Individuals have multiple options for submitting their plea. They can email the request to [email protected], fax it to (404) 546-9339, or mail it to the following address:

    • ATLANTA MUNICIPAL COURT
    • ATTN: OMBUDSMAN UNIT/PIA
    • 150 GARNETT STREET, SW
    • ATLANTA, GEORGIA 30303
  6. What are the consequences of failing to appear on the reset court date?

    If an individual fails to appear on the reset court date, they may face a suspension of their driving privileges. Additionally, a penalty of $100.00 may be added to their case. It is crucial to adhere to the court's instructions and timelines to avoid these consequences.

Common mistakes

When individuals fill out the Georgia Plea Absentia form, several common mistakes can lead to complications in their cases. One frequent error is the omission of essential personal information. The form requires details such as the defendant's name, date of birth, and current address. Failing to provide this information can delay the processing of the plea and may result in rejection.

Another mistake involves the incorrect selection of the plea type. Defendants must clearly indicate whether they wish to plead guilty or no contest. Ambiguities or unclear markings can create confusion and may lead to the court not accepting the plea. It is crucial to ensure that this section is filled out accurately and legibly.

Additionally, many individuals neglect to include all relevant charges. The form allows for three charges to be listed directly, but if a defendant has more than three, they must attach a separate sheet. Failing to do so can result in incomplete submissions, which can hinder the plea process.

Another common oversight is not following the instructions regarding notifications. After submitting the plea, defendants must await further instructions from the City of Atlanta’s Solicitor's office. Ignoring these communications or failing to respond appropriately can lead to adverse consequences, including penalties or the requirement to appear in court.

Lastly, individuals sometimes overlook the importance of submitting the form through the correct channels. The form can be emailed, faxed, or mailed, but using an incorrect method may delay processing. Each submission method has specific requirements, and adhering to these is vital for ensuring that the plea is considered in a timely manner.

Documents used along the form

The Georgia Plea Absentia form is a crucial document for individuals wishing to enter a plea without appearing in court. Alongside this form, several other documents are often utilized in the legal process. Understanding these documents can help clarify the steps involved in handling your case effectively.

  • Plea Agreement: This document outlines the terms agreed upon between the defendant and the prosecution. It typically includes the plea entered, potential penalties, and any concessions made by either party.
  • Notice of Hearing: Issued by the court, this document informs the defendant of the date and time of any upcoming hearings related to their case.
  • Judgment and Sentence: After a plea is entered, this document records the court's decision regarding the case, including any penalties or fines imposed.
  • Affidavit of Service: This document verifies that legal documents have been properly delivered to the involved parties. It serves as proof that the defendant has received all necessary information regarding their case.
  • Request for Continuance: If a defendant needs more time to prepare for their case, they may submit this request to the court, explaining their reasons for needing a delay.
  • Motion to Withdraw Plea: Should a defendant wish to change their plea after submitting the Plea Absentia form, this motion formally requests permission from the court to do so.
  • Financial Disclosure Statement: This document provides the court with information about the defendant's financial situation, which may influence the penalties or fines assessed.
  • Traffic Citation: This is the original ticket issued to the defendant, detailing the specific traffic violation and associated citation number.
  • Proof of Insurance: If applicable, this document shows that the defendant had valid insurance coverage at the time of the violation, which may impact the case outcome.
  • Character References: Letters from individuals who can attest to the defendant's character may be submitted to the court to support a more favorable outcome.

Being familiar with these documents can significantly aid in navigating the legal process. Each serves a specific purpose and can influence the outcome of your case. Ensure you have all necessary forms ready and follow the instructions provided by the court to avoid complications.

Similar forms

The Georgia Plea Absentia form shares similarities with several other legal documents that facilitate the resolution of legal matters without the need for personal appearance in court. Below are seven documents that exhibit comparable characteristics:

  • Plea Agreement: This document outlines the terms of a defendant's plea, including potential penalties. Like the Plea Absentia form, it allows defendants to resolve charges without appearing in court.
  • Waiver of Appearance: A waiver of appearance allows a defendant to forgo their physical presence in court for certain proceedings. Similar to the Plea Absentia form, it acknowledges the defendant's understanding of their rights.
  • Affidavit of Non-appearance: This document is submitted by a defendant who cannot attend a court date. It serves to inform the court of the absence, much like the Plea Absentia form does when a plea is entered without a personal appearance.
  • Notice of Intent to Plead Guilty: This notice informs the court of a defendant's intention to plead guilty. It parallels the Plea Absentia form by streamlining the plea process without requiring a court appearance.
  • Request for Continuance: A request for continuance allows a defendant to postpone their court date. It shares the same goal of managing court schedules and can be submitted without the defendant's presence.
  • Traffic Citation Response Form: This form is used to respond to traffic violations. It allows defendants to contest or accept charges without attending court, akin to the Plea Absentia process.
  • Written Plea Submission: A written plea submission allows defendants to submit their plea in writing, similar to the Plea Absentia form. This method ensures that the court receives the plea without requiring the defendant to appear.

These documents serve to streamline legal processes, providing options for individuals who may face challenges attending court in person. Each document has its own specific purpose, yet they all aim to facilitate justice while considering the needs of defendants.

Dos and Don'ts

When filling out the Georgia Plea Absentia form, it is important to follow specific guidelines to ensure your submission is processed correctly. Below are six things to do and avoid during this process.

  • Do provide accurate and complete information, including your name, date of birth, and current address.
  • Do clearly indicate your plea choice, either guilty or no contest, in the designated area.
  • Do attach a separate sheet of paper if you have more than three charges to list.
  • Do read all instructions carefully before submitting the form.
  • Don't leave any required fields blank, as this may delay processing.
  • Don't submit the form without ensuring you have signed it, as an unsigned form will not be accepted.

Following these guidelines can help facilitate a smoother process when submitting your plea in absentia.

Misconceptions

Misconceptions about the Georgia Plea Absentia form can lead to confusion and missteps in the legal process. Here are six common misconceptions:

  • A plea in absentia guarantees a favorable outcome. Many believe that submitting a plea in absentia will automatically result in a lighter sentence or dismissal of charges. This is not true. The court still reviews each case and can reject the plea.
  • All pleas in absentia are accepted. While the majority are accepted, some pleas may be rejected for various reasons. It's important to understand that acceptance is not guaranteed.
  • A plea of no contest is the same as a guilty plea. A plea of no contest means you are not contesting the charge, but it is not an admission of guilt. This distinction is crucial, especially in potential civil litigation.
  • You can ignore the court's instructions after submitting your plea. Once you submit your plea, you must follow any instructions provided by the court. Failing to do so can result in penalties or further complications.
  • You will always receive a new court date by mail. While you will be notified of a new court date, it's essential to monitor your mail closely. If you do not receive anything, follow up to ensure your case is still on track.
  • Failure to appear at a reset date has no consequences. Missing a reset date can lead to serious repercussions, including the suspension of your driving privileges and additional penalties. Always take these dates seriously.

Key takeaways

Filling out and using the Georgia Plea Absentia form requires careful attention to detail. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The Plea Absentia form allows you to enter a plea without appearing in court. This can be useful if you are unable to attend for any reason.
  • Provide Accurate Information: Ensure that your personal information, including your name, date of birth, and current address, is filled out correctly. Mistakes can delay the process.
  • List All Charges: If you have more than three charges, write them on a separate sheet and attach it to the form. This helps the court process your plea effectively.
  • Choose Your Plea Wisely: You can plead either guilty or no contest. Understand the implications of each choice before making your decision.
  • Know the Consequences: A no contest plea means you are not contesting the charge, but it may still affect your driving record.
  • Follow Up on Acceptance: Most requests are accepted, but you will be notified by mail if your plea is rejected. Stay vigilant about your mail.
  • Adhere to Deadlines: After your plea is accepted, you will receive documents with instructions. Follow them carefully to avoid complications.
  • Be Aware of Court Dates: Your case will be reset for a court date within 90 days. Failing to appear can lead to penalties.
  • Submit Your Request Properly: You can email, fax, or mail your request. Choose the method that works best for you, but ensure it reaches the right office.

By keeping these takeaways in mind, you can navigate the process of filling out and using the Georgia Plea Absentia form more effectively.