Asked in Criminal Law and Domestic Violence for Georgia

Q: Can I get a warrant dropped for harassing communications if I've spent weeks with the person that filed it

An ex-girlfriend is a lawyer and she had filed a police report for harassing communications against me which resulted in a warrant for my arrest period since the warrant was issued I've spent a few weeks with the ex-girlfriend. Is there a grounds to get the warrant dropped?

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: The decision to drop a warrant for harassing communications would typically be up to the prosecuting attorney or the judge handling the case. Spending time with the person who filed the complaint may be a factor that could potentially influence their decision, but it does not guarantee that the warrant will be automatically dropped.

Joshua Schiffer agrees with this answer

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

A: Sadly the above answer is spot on, as the State determines all charging decisions. The complainant CAN deeply influence the process, and can downright spoil the states intentions if they want, but the actual charging decision is theirs.

An affidavit may help but be careful. The State is NOT a fan of folks changing/clarifying the facts as they just want convictions, so it may be in your best interest to have a local lawyer advise and guide you so you are firmly protected from an aggressive State. You dont want to get charged with False Report or anything like that.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.