Key Differences Between Private v. Public Warrants Under Georgia Law
In Georgia, arrest warrants can be issued by either law enforcement officials or private citizens under specific circumstances. While police warrants are commonly understood, many people are unaware that individuals can also request a warrant against someone they believe has committed a crime. Understanding the key differences between private warrants and police warrants is essential for anyone involved in a legal matter where an arrest warrant may be issued. Our Atlanta Warrant Attorneys at The Spizman Firm are here to help you navigate these legal differences.
What Is a Police Warrant?
A police warrant is a legal document issued by a judge or magistrate based on the request of law enforcement officers. This type of warrant allows police to arrest a suspect, conduct a search, or seize property as part of an investigation.
How Are Police Warrants Issued?
- Police officers investigate a crime and gather evidence.
- A warrant application is submitted to a judge or magistrate with probable cause supporting the request.
- The judge reviews the request to determine if probable cause exists.
- If approved, the warrant is issued, allowing police to take the requested action.
Police warrants are commonly used in cases involving felonies, violent crimes, and ongoing investigations where law enforcement needs judicial approval to make an arrest or conduct a search.
What Is a Private Warrant?
A private warrant, also known as a citizen’s warrant, allows a private individual to request the issuance of an arrest warrant against another person. These warrants are most often used in cases involving personal disputes, minor crimes, or incidents where law enforcement did not witness the crime and has not initiated an arrest.
How Are Private Warrants Issued?
- A private citizen files a warrant application with the local magistrate court.
- The citizen must present evidence or testimony that a crime was committed.
- A judge or magistrate reviews the evidence to determine if probable cause exists.
- If probable cause is found, a warrant is issued, and law enforcement is authorized to arrest the accused person.
Private warrants are often seen in cases involving assault, harassment, theft, or other misdemeanor offenses, especially when law enforcement was not present at the time of the incident.
Key Differences Between Private and Police Warrants
- Who Requests the Warrant?
- Police warrants are requested by law enforcement officers.
- Private warrants are requested by individuals who claim to be victims of a crime.
- Type of Crimes
- Police warrants are commonly used for felony and serious criminal investigations.
- Private warrants are often used for misdemeanor or personal disputes.
- Burden of Proof
- Police warrants rely on evidence collected by law enforcement.
- Private warrants require individuals to provide testimony or evidence directly to a judge.
- Issuing Process
- Police warrants go through formal law enforcement channels.
- Private warrants are reviewed by a magistrate court based on the citizen’s complaint.
Legal Risks and Considerations
While private warrants can be an important tool for individuals seeking justice, they can also be misused. If someone falsely accuses another person and seeks a private warrant without proper evidence, they could face legal consequences for false accusations or malicious prosecution.
Additionally, private warrants do not guarantee an immediate arrest. Even if a magistrate issues a private warrant, law enforcement agencies have discretion over how and when to execute it.
How a Criminal Defense Attorney Can Help
If you are facing a warrant—whether private or police-issued—it is essential to seek legal representation immediately. A criminal defense attorney can:
- Review the warrant for legal deficiencies
- Challenge the validity of the evidence
- Represent you in court hearings
- Negotiate with prosecutors to reduce or dismiss charges
Contact Our Office for Legal Representation
If you are involved in a case involving a private or police warrant, having an experienced criminal defense attorney is crucial. At The Spizman Firm, we serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a free consultation to discuss your legal options.
Source:
georgia.gov/search-existing-warrant
