Atlanta Private Warrant Applications Lawyer
Most people have heard of warrants, whether they be search warrants issued during an investigation into an alleged crime, or an arrest warrant aimed at apprehending someone who has been accused of a criminal offense. These types of warrants are court orders that are issued by authorizing officials in an effort to administer justice. Many, however, are unaware that it is also possible for everyday citizens to request that a warrant be issued against someone else by filing a private warrant application. This process can be complicated, so if you believe that you have reason to request such a warrant, it is important to first speak with a Atlanta private warrant applications lawyer before moving forward.
Applying for a Non-Law Enforcement Warrant
Under Georgia law, if someone believes that another person committed a criminal offense, he or she can request that that individual be arrested by filing a warrant application. These applications must provide details about the alleged crime, including when and where it occurred and must also comply with specific requirements. For instance, in Fulton County, applicants must be able to prove that the crime was committed in Fulton County proper, have a proper ID, pay a fee, and have the contact information of the accused. DeKalb County, however, requires that applicants also be over the age of 18 years old, have evidence that a crime was committed in their jurisdiction, and swear under oath that the information is correct. If, upon review, the judge deems it appropriate, he or she can schedule a hearing on the issue, at which point, the applicant will need to notify the accused of the application, as well as the date and time of the warrant hearing.
Warrant Application Hearings
Warrant application hearings proceed like any other court case, with both sides being given the opportunity to present evidence and cross-examine witnesses. Both sides also have the right to legal counsel throughout the proceedings. The only issue addressed at these hearings is whether the evidence and witnesses in the case demonstrate that probable cause for a specific arrest exists. Depending on the evidence, the warrant can be issued for the respondent, the applicant, or any witnesses who testify at the hearing. If a court finds that such probable cause does exist, the judge will schedule the case for trial, where the defendant’s guilt or innocence will be decided.
Call Today for Help with Your Defense
If you have been named in a private warrant application, you will likely need the advice of an experienced attorney who can ensure that your interests are protected throughout the proceedings and that you are not arrested for a crime you didn’t commit. Contact the dedicated Atlanta private warrant applications lawyer at Hawkins Spizman today for a free consultation. We can be reached at our office at 770-209-2310 or via online message, so if you recently received notice that you have been named in a private warrant application, don’t hesitate to reach out to our legal team today.
