Atlanta, GA asked in Criminal Law for Georgia

Q: What is a pre-warrant hearing

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2 Lawyer Answers
Brandon Alexander Thomas
PREMIUM
Brandon Alexander Thomas
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: A pre-warrant hearing where the judge determines whether to issue a warrant against a defendant for a criminal charge. These hearings usually occur for non-violent offenses like theft or forgery.

If the defendant does not show up to court, the judge will automatically issue the warrant against the defendant. The defendant has a right to be represented by an attorney to ask the court not to issue the warrant, question witnesses, and present evidence.

Holly G Chapman and Joshua Schiffer agree with this answer

Joshua Schiffer
Joshua Schiffer
Answered
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: It sounds like a warrant application hearing. In Georgia anyone can swear out a warrant application in magistrate court, and a hearing is convened within 30 days. At that hearing the person who brought the warrant has to establish probable cause to a judge that one or more crimes has been committed. The judge decides what to do next....

If you are a target of a warrant you should consult with a local attorney who knows your jurisdiction.

Good Luck!

Josh

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