Monticello, GA asked in Criminal Law and Domestic Violence for Georgia

Q: I was served with a pre-warrant but am innocent.

My wife’s ex husband tried to force his way into my home so I pushed him enough to get him out of the house. He has filed a pre-warrant for simple assault. I have a witness that is a minor and three police officers told us that I had every right to defend my home and that the aggressor could not press charges. But he is. What can I do? The court date has been set.

2 Lawyer Answers
Robbie Levin
Robbie Levin
Answered
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: The court has set a hearing to determine whether there is probable cause to issue an arrest warrant. You will need to attend the hearing, and I would suggest hiring an attorney for the hearing.

For more info visit my website at www.LevinLawyerGa.com

Michael D. Barber Jr.
Michael D. Barber Jr.
PREMIUM
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You need to attend the pre arrest hearing and state your case. The nature of the charges may not stop the arrest for simple assault BUT you definitely have a defense to the charges if he was the aggressor and you were defending either your property or your minor child (defense of others).

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