Warrant Application Hearing
In Georgia, a person may seek to have another arrested for violation of a criminal statute through a warrant application and hearing. Generally, this occurs after law enforcement has investigated the accused offense and declined to seek an arrest warrant. In certain judicial circuits, court policy prevents a party from from applying for a felony warrant, absent a showing that law enforcement investigated the accusations.
Warrant Application Hearing: After a warrant application is submitted, the matter is scheduled for a hearing and reasonable notice is provided to the party against whom the warrant is sought. When the warrant application hearing occurs, the party seeking the warrant carries the burden of proving, by a preponderance of the evidence, that the accused violated a criminal statute. If the judge finds that this burden has been met, a warrant for arrest may be issued immediately and the accused may be taken into custody from the courtroom.
Seeking and Defending Against Warrant Applications: Representation by an attorney skilled in the procedure of a warrant application process can be critically important to any person involved in a warrant application hearing. Attorney Chuck Efstration has represented many individuals seeking warrants, as well as people against whom the warrant is sought.
The content provided on this webpage and website are for general information purposes only and are not to be considered as legal advice. Each case is unique. For a consultation concerning your case, contact Attorney Chuck Efstration at 678-835-4886.