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MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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My brother had a bench warrant issued in Georgia for not showing

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My brother had a bench warrant issued in Georgia for not showing up for court 8 years ago since then he has been he has lived in california and had gotten into trouble and went to prison, he is consider non-violent ect. Stupid.....Any way since he has done prison time in california for felony being in a place where drugs were sold and had prior arrests. He also was in the wrong place at the wrong time and was stab in county. He might be eligible for early release. Georgia will not extradite pass Colorado. How would I find out if any of the charges have been dropped in Georgia. Last time I checked a few years ago it was called a dead file what does that mean and how can I find out. He would like to come to South Carolina start a new life.

Hello and thank you for your question.

Your brother can obtain his Georgia criminal history through the police department or sheriff's office in Georgia, or through the Georgia felon search. It may also be available through the FBI. Useful information and links are available here

After he obtains his criminal history he can deal with whatever is on it and clear it up. If there are any errors, they can be corrected. If it shows an outstanding warrant on the court case, he can deal with that. It is likely the bench warrant would still be active although the case itself would be deemed inactive and may be brought forward and prosecuted. Generally, bench warrants do not go away on their own.

He may want to consult a local criminal defense attorney in Georgia on the best way to go about addressing the open charge. If he doesn't address the outstanding warrant and he is stopped by police for any reason including a traffic violation, he may be arrested on the warrant and Georgia could decide to extradite him if he is in South Carolina.

Please feel free to ask any follow-up questions.

MyraB and other Criminal Law Specialists are ready to help you