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Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 23594
Experience:  18+ years of high-volume criminal defense work from arraignment through plea or trial.
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God Morning, my boyfriend was pulled over in Alpharetta last

Customer Question

God Morning,
JA: What state are you in? It matters because laws vary by location.
Customer: my boyfriend was pulled over in Alpharetta last night, an when they ran his name apparently he had a warrant to for his arrest because he did not renew his registration. they had to take him to Alpharetta jail, where they are holding him until an officer from the city of Atlanta picks him up and transports him to Atlanta. I have called many times and spoken to many different people and every person gives me different answer. Most said it depends on traffic, but a lady I just spoke with said that is wrong and it depends on the manpower available. Some said it would not be this weekend and others said it would be today. He is not allowed to have a phone call until he gets to Atlanta and he is already going to get fired from his job for not showing up or calling in this morning. He also has his big family thanksgiving tomorrow and if he does not show up his family will be extremely worried. I understand that he broke a law and there are regulations and policies but he is not a criminal, and it doesn't seem right that he has to sit in a holding cell with no rights until it is convenient for someone to pick him up. I am just hoping to get some answer and understand what his rights are because it doesn't seem right that for something this small his punishment is so severe right now. I am in Georgia
JA: Has anything been filed or reported?
Customer: All I know is there was a warrant for his arrest (that he was unaware of- when they called me to get his car from where they arrested him I heard him ask the officer why he did not receive any kind of warning or notification of this. He was completely unaware and it blindsided him)
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is all. I don't have much information and I am extremely frustrated with the people I have talked with because no one will give me a straight answer or any of the information I need.
Submitted: 21 days ago.
Category: Traffic Law
Expert:  Zoey, JD replied 21 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Expert:  Zoey, JD replied 21 days ago.

Unfortunately, I am not going to be able to tell you what you most want to hear.

When there is an arrest warrant issued by any county, the Georgia code of criminal procedure authorizes an officer to make an arrest in any county the subject of the warrant is found. There is no set time stipulated by which a defendant must be transported to the county that wants him. Georgia law only says that he can be held "long enough" for the police to make preparations to get the arrested person to the county where the offense was committed." You can see the section of your criminal procedure law here.

So the answer is administrative in nature. They will move him as soon as they are able to. Over a weekend, it would likely depend upon manpower, and while I can't predict the future, realistically, you have to prepare yourself for the possibility that he will not be brought before a magistrate to get the warrant lifted and a bail determination made until Monday.

If the delay in moving him is unreasonable, you could hire him a lawyer to file a writ of habeas corpus to ask the state to show good cause why they hadn't brought him before the court and, if they couldn't do it, to release him. But no lawyer would be available to file the writ and no court open to hear it before Monday.

Expert:  Zoey, JD replied 20 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.