Warrant Application

Definition

An individual who believes he or she has been a victim of a crime, and the police have not taken an arrest warrant for the accused, may file a complaint requesting a warrant for the arrest of another person.

Filing Fee

The cost to file a warrant application is $20 for each person you seek to have arrested. Individual applications must be completed for each person. If the crime alleged involves an act of domestic violence or a sex crime, there is no fee to file the warrant application.

Filing Procedures

Georgia law (OCGA Section 17-4-40) provides that except in limited circumstances, a citizen who wishes for another person to be arrested must file a warrant application. In Clayton County, the Magistrate Court has procedures to handle applications for arrest warrants.
 

Procedure to Apply for a Warrant

1. You must obtain a copy of the Police Report.  No Warrants will be issued without a Police Report.
2. Completed Pre-Warrant Applications MUST BE PRESENTED IN PERSON by the person requesting the application to the Magistrate Court of Clayton County. Application for Criminal Arrest Warrant (pdf)
3. Pre-Warrant Applications CANNOT BE MAILED, FAXED OR EMAILED to the Magistrate Court.
4. A $20.00 application fee is required at the time of the application and prior to the Magistrate Court sending notice(s) and scheduling a hearing.
5. The $20.00 application may be waived in cases involving domestic violence.
6. This application fee is NON-REFUNDABLE regardless of after filing the application the applicant decides not to pursue the matter, fails to appear at the scheduled hearing, or what the outcome of the case is.
7. If the applicant decides to withdraw the Pre-Warrant Application prior to the date of the scheduled hearing, the applicant must pay a $100 fee.
8. The applicant must file a separate application for each person whose arrest is sought, even if the charge(s) being alleged are the same.
9. The crime(s) alleged in the application must have occurred in Clayton County.
10. If you have been charged with a crime by a law enforcement agency relating to this incident, you cannot apply for a Pre-Warrant Application against the victim in that case.
11. If the person you are seeking to have arrested has already been charged criminally by a law enforcement agency relating to this incident, you may not seek a Pre-Warrant Application against that person.
12. If a previous Pre-Warrant Application has been denied or dismissed, you may not apply again based on the same set of facts.
13. A case under criminal investigation involving the alleged crime(s) and/or person you are seeking to arrest will not be granted a Pre-Warrant Application.
14. The Magistrate Judge cannot discuss the case or meet with the applicant prior to the application.
15. This application can only result in the arrest and detention of another person, if evidence is sufficient to establish a criminal warrant to issue. It will not cause property or children to be returned to you and will not result in the awarding of monetary damages.
16. Employees of the Magistrate Court of Clayton County, including Judges themselves, are prohibited by law from providing legal advice at any time during your contact with Court. If you have questions about your legal rights, legal remedies available to you, or what legal documents to file, you must contact an attorney.
17. The Applicant in an arrest warrant application hearing is the prosecutor and has the burden of presenting evidence sufficient to establish probable cause for arrest. The judge is a neutral party in these proceedings and will make his/her decision based on the evidence presented.
18. If the judge issues an arrest warrant, the Applicant will have to sign the warrant as the prosecutor. By signing the warrant, the Applicant states that the information given to obtain the warrant is true and correct. If that information turns out to be untrue or incorrect, the Applicant may be charged with the crime of false swearing or perjury.
19. The person against whom the warrant is sought will have the right to cross examine any witness who testifies against him, to examine evidence presented by the Applicant, to introduce testimony and evidence on his behalf and to remain silent if he so chooses.
20. Once the case has been “bound over” to the Superior Court for trial, additional matters in the case will be handled in the Superior Court of Clayton County.

Scheduling of Hearing

A hearing will be scheduled as soon as possible, but no sooner than two weeks from the date of filling in order to provide time for notice to be mailed to the parties and witnesses.

Hearing

The applicant seeking the warrant has the customary rights of presentation of evidence and examination of witnesses. The respondent may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application hearing. The applicant may also bring witnesses and present evidence and the cross-examination of witnesses to the issues of probable cause. Both parties should bring any relevant documents, photos, recording, or any evidence with them to the hearing.

At the warrant application hearing, the judge will decide whether this is enough evidence to make an arrest. If the judge finds that probable cause exists, the warrant may be issued at the hearing.

Please remember the Judge may issue a warrant for anyone if there is probable cause to believe they have committed a crime. This includes the Applicant, Respondent, Witnesses, and other persons, who may or may not have participated in the hearing.

Representation by an Attorney

Either party has the right to be represented by an attorney at the warrant application hearing. Cases will not be continued automatically for failure of a party to seek counsel prior to the hearing. Any legal questions should be directed to an attorney.

Additional Rights of Persons Accused of Crimes

The accused has the right to remain silent, and any testimony given by the accused may be used against him or her. The accused is under no duty to present any evidence tending to prove innocence, and is not required to take the stand and testify. If the accused elects not to testify, no inference adverse to the accused shall be drawn by the judge, nor shall such fact be held against the accused in any way. If the accused testifies, the testimony will be recorded and could be used against the accused if the case is prosecuted.