Homepage Blank Georgia Plea Absentia PDF Form
Article Guide

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 form, issued by the City of Atlanta's Solicitor's Office, requires the defendant to provide personal information, including their name, date of birth, and current address. It also prompts them to acknowledge the specific charges against them, which must be clearly listed along with their citation numbers. Defendants can choose to plead either guilty or no contest, with the latter indicating that they do not contest the charge but also may have implications for civil litigation and driving privileges. Once submitted, the majority of these requests are accepted, though some may be rejected for various reasons, with defendants being notified by mail. It is important to note that after a plea is accepted, the judge will impose fines and court costs, and defendants will receive further instructions from the Solicitor's Office. A reset court date will be assigned, and failure to comply with this date could result in penalties, including the suspension of driving privileges. The form can be submitted via email, fax, or traditional mail, ensuring accessibility for all defendants.

Document Preview

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 Specifications

Fact Name Description
Governing Law The Georgia Plea Absentia form is governed by the laws of the State of Georgia, specifically under the provisions related to criminal procedure.
Defendant Information The form requires the defendant's name, date of birth, and current address to ensure accurate identification.
Charges Defendants must list the specific criminal or traffic charges they are pleading to, including citation numbers.
Plea Options Defendants can enter a plea of either "Guilty" or "No Contest" through this form.
No Contest Explanation A plea of "No Contest" means the defendant does not contest the charge, which may affect civil litigation related to the incident.
Notification of Acceptance If the plea is accepted, the court will impose a fine and court costs, which will be communicated through subsequent documents.
90-Day Reset All cases entered in absentia are given a 90-day reset court date, which will be communicated via mail.
Failure to Appear Failure to appear on the reset court date may lead to suspension of driving privileges and a $100 penalty.
Submission Methods The request can be submitted via email, fax, or traditional mail to the appropriate city office.

Georgia Plea Absentia: Usage Guidelines

After completing the Georgia Plea Absentia form, the next steps involve submitting it properly and awaiting a response from the court. Make sure to follow the instructions carefully to avoid any delays in processing your plea.

  1. Download the Georgia Plea Absentia form from the official website or obtain a physical copy from the appropriate office.
  2. Fill in your personal information: Write your name, date of birth, current address, daytime phone number, and email address in the designated spaces.
  3. List the charges: Under the "INITIAL REQUEST TO ENTER A PLEA IN ABSENTIA" section, write down the criminal or traffic charges you are facing along with their citation numbers. If you have more than three charges, attach a separate sheet of paper.
  4. Select your plea: Indicate whether you wish to enter a plea of "GUILTY" or "NO CONTEST" by writing it in the provided space.
  5. Read the instructions: Carefully review the information regarding the implications of your plea and the process that follows.
  6. Submit the form: You can email the completed form to [email protected], fax it to (404) 546-9339, or mail it to:
    • ATLANTA MUNICIPAL COURT
    • ATTN: OMBUDSMAN UNIT/PIA
    • 150 GARNETT STREET, SW
    • ATLANTA, GEORGIA 30303
  7. Await confirmation: Keep an eye on your mail for a response regarding the acceptance or rejection of your plea.

Your Questions, Answered

What is the Georgia Plea Absentia form?

The Georgia Plea Absentia form allows individuals to enter a plea for criminal or traffic charges without appearing in court. This process is beneficial for those unable to attend court due to various reasons. By submitting this form, you express your intention to plead either guilty or no contest to the charges listed.

Who can use the Plea Absentia form?

Any defendant facing criminal or traffic charges in the City of Atlanta can use the Plea Absentia form. However, it is essential to ensure that your plea is appropriate for your specific situation. If you have multiple charges, you may need to list them on a separate sheet and attach it to your request.

What does it mean to plead no contest?

Pleading no contest means you are not contesting the charges against you. This plea cannot be used against you in any civil litigation related to the incident. However, it may still affect your driving record, as the Department of Driver Services may add points or suspend your license based on this plea.

What happens after I submit my Plea Absentia form?

Once you submit your form, the court will review your request. If accepted, you will receive documents outlining the fine and court costs. If your plea is rejected, you will be notified by mail. All cases are given a 90-day reset court date, which you will also be informed of via mail.

What should I do if I miss the 90-day reset court date?

If you cannot complete your case through the mail within the 90 days, you will be required to appear in court on the reset date. Failing to appear may result in the suspension of your driving privileges and an additional penalty of $100. It is crucial to monitor any correspondence from the court to avoid these consequences.

How can I submit my Plea Absentia request?

You can submit your request via email, fax, or mail. To email, send your request to [email protected]. If you prefer faxing, use the number (404) 546-9339. Alternatively, you can mail your request to the Atlanta Municipal Court, Attention: Ombudsman Unit/PIA, at 150 Garnett Street, SW, Atlanta, Georgia 30303.

What if I have more questions about the Plea Absentia process?

If you have additional questions or need clarification, it is advisable to contact the City Solicitor’s Office at (404) 658-6618. They can provide further guidance and assistance regarding your specific situation.

Common mistakes

  1. Failing to provide complete and accurate personal information. This includes the defendant's name, date of birth, and current address. Incomplete information can lead to processing delays.

  2. Not clearly indicating the charges. Each charge must be listed along with its citation number. Omitting this information can result in the plea being rejected.

  3. Neglecting to select a plea type. The form requires a clear indication of whether the plea is guilty or no contest. Leaving this section blank can cause confusion and delay.

  4. Overlooking the requirement for additional charges. If there are more than three charges, they must be documented on a separate sheet and attached to the form. Failing to do this can lead to incomplete submissions.

  5. Ignoring the instructions regarding notification. After submitting the plea, individuals must await further instructions and documents from the City of Atlanta Solicitor’s Office. Not paying attention to these communications can have consequences.

  6. Not understanding the implications of a plea in absentia. Individuals should be aware that accepting a plea may lead to fines and court costs. Misunderstanding this can result in unexpected financial burdens.

Documents used along the form

The Georgia Plea Absentia form is a key document for individuals wishing to enter a plea without appearing in court. However, several other forms and documents are often used in conjunction with this form. Each of these documents serves a specific purpose in the legal process, ensuring that all parties are informed and that the procedure is followed correctly.

  • Plea Agreement: This document outlines the terms of the plea deal between the defendant and the prosecution, including any concessions or agreements made regarding sentencing.
  • Notice of Hearing: A formal notification that informs the defendant of the date and time of their court hearing, if required.
  • Affidavit of Service: This document verifies that the defendant has been properly notified of the charges and the court proceedings, ensuring due process is upheld.
  • Sentencing Order: Issued by the judge, this document details the penalties imposed on the defendant following their plea, including fines and any other conditions.
  • Traffic Citation: The original ticket issued to the defendant, which outlines the specific charges and serves as the basis for the plea in absentia.
  • Request for Continuance: A formal request to postpone a court date, which may be necessary if the defendant cannot meet the original timeline for their case.
  • Financial Disclosure Form: This document may be required to assess the defendant's ability to pay fines or court costs, potentially influencing the judge's decision.
  • Waiver of Appearance: A document that allows the defendant to forgo their appearance in court, affirming their understanding of the process and their rights.
  • Proof of Insurance: If applicable, this document demonstrates that the defendant has valid insurance coverage, particularly relevant in traffic-related cases.
  • Appeal Notice: If a defendant wishes to contest the outcome of their case, this document initiates the appeal process, outlining the grounds for appeal.

Understanding these documents can help individuals navigate the legal system more effectively. Each form plays a crucial role in ensuring that the process is transparent and fair, allowing defendants to understand their rights and responsibilities throughout the proceedings.

Similar forms

  • Plea Agreement Form: Similar to the Georgia Plea Absentia form, a plea agreement form allows a defendant to formally enter a plea, often detailing the terms of the agreement between the defendant and the prosecution.
  • Waiver of Appearance Form: This document enables a defendant to waive their right to appear in court, akin to the plea in absentia, where the individual chooses not to be present during the plea process.
  • Notice of Intent to Plead Guilty: This notice serves to inform the court of a defendant's intention to plead guilty, similar to the acknowledgment of charges in the Georgia Plea Absentia form.
  • Request for Continuance: A request for continuance allows a defendant to postpone their court appearance. It shares a common purpose with the plea in absentia by addressing the defendant's absence from court.
  • Affidavit of Indigency: This affidavit may be submitted by defendants seeking court-appointed counsel. It relates to the plea in absentia by addressing the defendant's financial circumstances, which may affect their ability to appear in court.
  • Traffic Citation Response Form: This form allows defendants to respond to traffic citations, similar to the way the Georgia Plea Absentia form addresses charges and allows for a plea without a court appearance.
  • Defendant's Statement of Rights: This document outlines the rights of the defendant, akin to the information provided in the plea in absentia regarding the implications of entering a plea.
  • Sentencing Memorandum: A sentencing memorandum may be submitted after a plea is entered. It details the recommended sentence, similar to the outcome expected after a plea in absentia is accepted.
  • Post-Conviction Relief Petition: This petition allows individuals to seek relief after a conviction. It connects to the plea in absentia by providing a pathway for defendants to challenge their pleas after the fact.

Dos and Don'ts

When filling out the Georgia Plea Absentia form, it is essential to approach the process with care. Here are five important guidelines to follow, as well as some common pitfalls to avoid.

  • Do ensure accuracy: Fill in your name, date of birth, and current address correctly. Mistakes can lead to delays or complications.
  • Do provide complete information: If you have more than three charges, list them on a separate sheet and attach it to the form. Incomplete submissions may be rejected.
  • Do read the instructions carefully: Understanding the implications of your plea is crucial. A plea of no contest has specific consequences that you should be aware of.
  • Do submit the form on time: Ensure that you send your request within the specified time frame to avoid additional penalties.
  • Do keep a copy: Always retain a copy of your completed form for your records. This can be helpful for future reference.
  • Don't rush the process: Take your time to fill out the form accurately. Hasty submissions may lead to errors.
  • Don't ignore mail from the court: If your plea is rejected, you will be notified by mail. Ignoring this communication can result in further complications.
  • Don't forget to follow up: After submitting your plea, keep track of any deadlines or requirements indicated in the documents you receive from the Solicitor’s office.
  • Don't assume all pleas are accepted: Understand that while many requests are approved, some may be denied for various reasons.
  • Don't overlook the consequences: Be aware that failing to appear at your court date can lead to penalties, including a suspension of your driving privileges.

Misconceptions

Understanding the Georgia Plea Absentia form can be challenging. Here are nine common misconceptions that often arise:

  • It guarantees a favorable outcome. Many believe that submitting a plea in absentia will automatically lead to a lenient sentence. However, the court will still evaluate the plea and determine the appropriate consequences.
  • It's only for minor offenses. Some think this form is only applicable for traffic violations or minor crimes. In reality, it can be used for various criminal charges, though the specifics may vary.
  • You don't need to follow up after submission. It's a misconception that once the form is submitted, no further action is required. You must still monitor your mail for notifications from the court and follow any instructions provided.
  • Your plea will always be accepted. Not all pleas in absentia are approved. The court may reject a plea for various reasons, and you will be informed by mail if this occurs.
  • A plea of no contest is the same as a guilty plea. While both indicate acceptance of the charges, a no contest plea cannot be used against you in civil court. This distinction is crucial for those considering their options.
  • You can submit the form at any time. There are deadlines for submitting the plea in absentia. Failing to meet these deadlines can result in needing to appear in court instead.
  • Once submitted, you cannot change your plea. Some individuals believe that after submitting their plea, they cannot alter it. However, there may be opportunities to change your plea before the court processes it.
  • It absolves you of all penalties. Submitting a plea in absentia does not eliminate fines or court costs. You will still be responsible for any penalties imposed by the court.
  • You can ignore the reset court date. Ignoring the new court date can lead to serious consequences, including license suspension and additional fines. It's essential to adhere to all court dates and requirements.

Being informed about these misconceptions can help you navigate the process more effectively. Always ensure you understand the implications of your actions when dealing with legal matters.

Key takeaways

Key Takeaways for Filling Out and Using the Georgia Plea Absentia Form:

  • Provide accurate personal information, including your name, date of birth, and current address. Ensure all details are correct to avoid delays.
  • Clearly indicate your plea choice—either guilty or no contest. Understand the implications of a no contest plea, especially regarding civil litigation and potential license points.
  • Be aware that your plea may be accepted or rejected. If rejected, you will receive a notification by mail, so keep an eye on your mail for updates.
  • Follow any instructions provided by the City of Atlanta’s Solicitor’s office after submitting your plea. Failure to comply with these instructions can lead to penalties, including a suspension of your driving privileges.