So what happens if you miss jury duty? As our Fort Myers civil trial lawyers can explain, there are two different answers to this: The possibility and the actuality. That said, it is not a service we would advise blowing off lightly.
Most jury service stints will last a day or so, if that. This is because many cases do not actually end in a trial. Both Civil and criminal cases are often settled or plea bargained far in advance of a trial, but sometimes these agreements can be reached the morning of trial, in the middle of trial or even as jurors deliberate. Even if you are not selected to serve on a jury trial, as long as you show up as scheduled, the system will consider your jury service obligation fulfilled for the full year.
In some instances, you may be given notice electronically the night before or the morning of that your presence is not necessary. This still counts. Under state and federal law, employers must allow their employees time off for jury duty. The qualifications for a juror in state court are:. If you meet the above qualifications, you can serve on a jury. However, you may get out of jury duty if you are disqualified or meet one of the exemptions from serving on a jury.
There are ways you get legally get out of jury duty in Georgia. You can be disqualified from serving on a jury for a variety of reasons. You may also be excused from serving on a jury.
For example, some individuals are automatically disqualified from serving on a jury. Anyone with a felony conviction cannot serve on a jury unless his or her legal rights have been restored. Also, a person who is incompetent because of a physical, mental, or cognitive condition or illness cannot serve on a jury. The attorney for the defendant may request the court remove the person from the jury pool for cause. If you have a medical procedure or surgery schedule, you might receive a postponement.
Postponements are usually granted on a first-come basis. Since the court must have a specific number of jurors to conduct court, it is wise to submit your request for postponement as soon as you receive your jury notice. It is important to understand that a jury summons is a court order.
Failing to obey a court order has consequences. If the judge holds you in contempt, you must appear at a court hearing. The hearing is an Order to Show Cause. The judge allows you to explain your reasons for not showing up for jury duty. At the hearing, the judge may order you to serve for another term of court.
He could also issue a fine and order you to perform community service. In some cases, a judge could sentence you to jail time for contempt of court. You may be summoned again quickly. Each state has varying rules on how often someone is legally obligated to serve on a jury.
The judge may issue an order to show cause. An order to show cause is a legal order requiring someone to appear in court and explain why they did or did not do something. If you miss jury duty, a court can issue such an order, requiring you to appear and provide your reason for missing jury duty.
If you receive an order to show cause, you may want to meet with a qualified criminal defense attorney for legal advice and help in preparing for the hearing. The court may issue a bench warrant. If a bench warrant is issued, a police officer or other law enforcement officer will visit the address the court has on file. If they find you, they can put you in custody and escort you to court. You may need to appear before the judge. If the judge issues a bench warrant or an order to show cause, you will eventually need to appear in court.
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