What is a warrant application hearing?

When a civilian makes a written application for the issuance of a criminal arrest warrant, a Judge makes a determination as to whether the application should be set down for a hearing. If the Judge determines that the application should be set down for a hearing, this form is filled out stating the crime alleged and setting down the time, date, and location of the hearing. The Judge delivers one copy to the applicant at the time of the application. The Clerk of Court mails one copy to the defendant at the address provided by the applicant.

O.C.G.A. 17-4-40. (b) (1) If application is made for a warrant by a person other than a peace officer or law enforcement officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing as provided in this subsection.

O.C.G.A. 17-4-40. (b) (4) At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply. The person seeking the warrant shall have the customary rights of presentation of evidence and cross-examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest. The judge ... shall have the right to limit the presentation of evidence and the cross-examination of witnesses to the issue of probable cause. O.C.G.A. 17-4-40. (b) (5) At the warrant application hearing, a determination shall be made whether or not probable cause exists for the issuance of a warrant for the arrest of the person whose arrest is sought. If the judge finds that probable cause exists, the warrant may issue instanter.

Show All Answers

1. What is a warrant application hearing?
2. How can I apply for a criminal arrest warrant for an individual's arrest?
3. Can I just bring the police report to show what happened?
4. Can I just get the witness to sign an affidavit instead of coming to court?
5. Which witnesses should I bring to the warrant application hearing?
6. I am the victim. Can I call the accused to the witness stand to testify in the warrant application hearing?
7. What rules and rights apply to the warrant applicant and the accused at a warrant application hearing?
8. I am the accused. Can I apply for appointed counsel at this hearing?
9. What if I do not know the correct address for the accused in a warrant application hearing?
10. How can I find the correct address for the accused?
11. I am the victim. Can I bring my own attorney to the warrant application hearing?
12. What rules and rights apply to the warrant applicant and the accused at a warrant application hearing?
13. Do Affidavits of Indigency apply to criminal cases?