CITY OF ATLANTA
OFFICE OF THE CITY SOLICITOR
3RD FLOOR
150 GARNETT STREET S.W.,
ATLANTA, GEORGIA 30303-3700
TEL (404) 658-6618 FAX (404) 658-7956
SHIRLEY FRANKLIN
MAYOR
RAINES F. CARTER
City Solicitor
REQUEST TO ENTER A PLEA IN ABSENTIA
PART I. QUALIFICATIONS
The Solicitor’s Office will not consent to a PLEA IN ABSENTIA if you are charged with the following offenses:
Habitual Violator, (2) Driving With A Revoked Or Suspended License, (3) Dui (4) Hit And Run, (5) Speeding If The Speed Exceeds 24 Mph Over The Speed Limit And The Driver Is Under The Age Of 21 Years Of Age, (6) Drug Related Charges While Operating A Motor Vehicle, (7) Aggressive Driving, (8) Attempting To Elude Police (9) Vehicular Homicide, (10) Accidents Involving Serious Bodily, (11) City Ordinances Involving Prostitution And Related City Offenses, (12) Violation of City Ordinances that results in serious injury to the person and/or property or (13) No insurance violations in accident cases. (14) No Pleas in Absentia accepted for defendants under 21 years of age. You cannot enter a Plea in Absentia where the charge or charges constitute a felony under State law. In addition, you cannot enter a Plea in Absentia in misdemeanor cases where the Municipal Court of Atlanta lacks jurisdiction over the offense.
Please be advised that there may be other charges or acts that may disqualify you from entering a Plea in Absentia. Your driving history and criminal history, if any will impact whether or not a Plea in Absentia will be allowed.
PART II. INSTRUCTIONS
Please complete the Motion to Enter a Plea in Absentia form and return it to the Solicitor of Municipal Court via certified mail. You must mail the document at least 10 days prior to your court date. This will prevent a failure to appear being entered on your record causing your license to be suspended. Time is of the essence. Your plea will not be accepted if you fail to write your plea on the appropriate line on the Motion form. All of the appropriate boxes must be checked and initialed. The request to enter a plea in absentia should be made on the printable form below. If you do not have access to the internet, please make your request on a short note and mail it to the address below. The document must be notarize and have your signature. IF YOU ARE CHARGED WITH AN INSURANCE VIOLATION AND YOU HAD INSURANCE AT THE TIME OF THE INCIDENT PLEASE PROVIDE PROOF FROM YOUR INSURER WHEN FILING YOUR REQUEST TO ENTER A PLEA IN ABSENTIA. YOU MUST PROVIDE EVIDENCE THAT YOU ARE CURRENTLY INSURED, AND SHOW PROOF THEREOF. IF YOU ARE CHARGED IN AN ACCIDENT CASE, YOU MUST PROVIDE VERIFIABLE PROOF THAT YOU WERE INSURED AT THE TIME OF THE INCIDENT AND THAT YOU ARE CURRENTLY INSURED. YOU MUST ALSO PROVIDE PROOF THAT YOU HAVE NOTIFIED YOUR INSURER OF THE ACCIDENT. THE INSURER MUST HAVE ACCEPTED LIABILITY. THIS MUST BE DONE WHEN YOU FILE YOUR FIRST REQUEST. YOU CANNOT SEND PARTIAL PAYMENTS OF THE FINE IMPOSED. THE FULL AMOUNT OF THE FINE MUST BE ENCLOSED WHEN YOU RETURN THE MOTION TO ENTER A PLEA IN ABSENTIA. DO NOT SEND ANY FUNDS PRIOR TO APPROVAL OF YOUR PLEA IN ABSENTIA. You have 45 days from the date of receipt of the WAIVER OF RIGHTS FORM to return the signed documents and payment, or you will have to personally appear in court to answer the charges. After 60 days, this office will no longer process a Plea in Absentia in your case. Please take note that once your case has been approved by my office, it takes two to six weeks for your case to get before a judge. Please give us time to process your case prior to contacting this office. The Solicitor will not accept a no contest plea unless your insurer has accepted liability. Your patience will be appreciated.
You must follow the instructions set out above. Do not fax your request to enter a plea in absentia. This office will not accept faxed requests. If you do not follow the instructions set out above, this may cause substantial delay in processing your plea or you may not be allowed to enter a Plea in Absentia.
PART III. INSTRUCTIONS
Part IV. FILING.
You may start the process by filling out the initial request to enter a plea in absentia form. Again you must provide this office with proof of insurance as stated above, along with your request to enter a plea in absentia. If you fail to provide proof of insurance, we cannot process your plea. You should file your Plea in Absentia within two to three weeks after being charged with an offense. Waiting until a few days before you are to appear in court may cause problems. The major problem being the suspension of your license if you fail to appear in court on the date indicated on the citation charging you with an offense. The suspension may be set aside. However it may cause you money to have your license reinstated. Read the form carefully prior to filling it out. Submit your request by first printing out and completing the initial request form, secondly attaching insurance documents and thirdly, mail documents to:
THE OFFICE OF THE CITY SOLICITOR
MUNICIPAL COURT OF ATLANTA
PLEA IN ABSENTIA
150 GARNETT STREET, SW
ATLANTA, GA 30303
ALL MAILINGS MUST BE CERTIFIED
If you have access to a computer and have any questions or concerns, you can email us at: ptjames@atlantaga.gov. If you do not have access to the internet you may request that you be allowed to file a motion to enter a plea in absentia by writing a letter to the address above stating that you WISH TO ENTER A PLEA OF GUILTY OR NO CONTEST AND THAT YOU WISH TO DO SO IN ABSENTIA. THAT IS, I WISH TO ENTER MY PLEA WITHOUT APPEARING PERSONALLY BEFORE A JUDGE.
If you cannot email us, you can call (404) 658-6618
PLEA IN ABSENTIA PRINTABLE FORM