Dunwoody Private Warrant Application Lawyer
Multiple crimes happen every day in Georgia, and unfortunately the police do not have the time or resources necessary to catch every criminal or track down every lead in a case. If a crime has been committed against you and law enforcement is not making progress on your case, you can file an application for a private warrant. Private warrant applications are a complex process, which is why you should have the assistance of an experienced attorney if you would like to file one against another person, or if a private warrant is filed against you in a case. To learn more, call or contact the Dunwoody Private warrant application lawyers at Hawkins Spizman today to schedule a free consultation.
How Does a Private Warrant Application Work?
The process for applying for a private warrant is laid out in Georgia law, and an experienced attorney can help facilitate the process. Once the application is filed, a court hearing will be set at least two weeks out in order for the accused to be provided notice of the hearing and obtain legal counsel. At the hearing, witnesses are called to testify, and evidence is presented in the case just like a regular trial. Witnesses are examined and cross-examined, and everything presented must be relevant to the issue of whether there is probable cause to arrest the person accused of committing a crime.
Once all the evidence is presented, the judge may issue warrants for the arrest of the accused if there is sufficient evidence of probable cause. Warrants may be issued against anyone that the judge determines there is probable cause that they may have committed a crime, including the person who made the application, the person accused, witnesses called, and anyone else present or not implicated in the private warrant hearing.
Other Private Warrant Circumstances
If the allegations of the private warrant involve sexual crimes, the hearing may be deferred so that law enforcement can investigate. In addition, no warrant will be issued for a felony offense while an investigation is ongoing unless the detective in charge of the case requests it. However, for all other offenses where a private warrant is applied for, a judge may order an arrest immediately if there is probable cause of any of the following:
- There is an immediate or ongoing threat to the applicant or a third party,
- The person whom the warrant is filed against will attempt to evade arrest or obstruct justice,
- The person whom the warrant is filed against is already in local, state, or federal jail, or otherwise is in custody by law enforcement,
- The person whom the warrant is filed is a fugitive from the law,
- The person whom the warrant is filed against is accused of committing deposit fraud and has already been given a ten day notice that payment was refused due to a lack of funds, or
- The person whom the warrant is filed against has been accused of committing family violence.
Call or Contact Our Office
If you wish to file a private warrant application or have received notice that a private warrant application has been filed against you in Georgia, call or contact Hawkins Spizman to schedule a free consultation today.