In the state of Georgia, as elsewhere, an arrest warrant is a written authorization, issued by a judge or magistrate that gives law enforcement permission to detain a person who has been suspected of criminal activities.
Before an arrest warrant can be authorized, law enforcement representatives or the district attorney’s office must provide a sworn affidavit to a judge outlining the specific evidence found, probable cause and any other supporting documents that speak to the allegations being made. This warrant contains information including the suspect’s name, known address, date of birth, and details of the alleged crime.
If the presiding judge or magistrate finds that the affidavit contains adequate evidence that the individual committed the crime, they will issue an official warrant, allowing law enforcement to apprehend the suspected individual. This arrest can happen at any time and any place – at the individual’s home, place of work, or out in public. This warrant remains in effect indefinitely unless recalled by the court, or until the suspect is in custody.
Once arrested, the individual named in the warrant has several rights, including the right to remain silent, the right to an attorney, the right to notice of the charges against them, and the right to a speedy trial. They may also be eligible to be released on bond until trial, depending on the specifics of the case and the type of charges they’re facing.
Why an Attorney Should Be Your First Call
Even if you merely suspect that a warrant has been issued for your arrest, your first move should be to contact an experienced attorney. Their guidance will provide you with a clear understanding of what comes next, and a strategy for moving forward. They can also help protect your rights during the process.
One way they can do this is by checking for outstanding warrants on your behalf. Even if you have the utmost faith in your innocence, having an attorney check for a warrant shields you from arrest. They can check for warrants and possibly get some factual details, allowing you to gain a better understanding of your situation without exposing yourself to arrest.
Your attorney can also work to clear up any misunderstandings that may have led to the issuance of the warrant, depending on the charges and your own criminal history. They can also begin building your defense, and obtaining time-sensitive evidence that may otherwise be lost. An attorney can also potentially negotiate with prosecution to clear up a warrant on your behalf.
In many cases, their skill can be enough to have a warrant dismissed. If, however, the charges are sufficiently serious, they can negotiate to have you surrender to law enforcement, giving you a better chance to contest the charges you’re facing. Through the use of motions that may be able to suppress certain evidence against you. It is also possible to challenge an arrest warrant. This typically happens when the accused believes that their constitutional rights have been violated or that there has been some error on the part of law enforcement.
Are Arrest Warrants Public Information in Georgia?
In Georgia, most arrest warrants can be accessed either online or at the local Clerk of Court’s office. Yet, certain warrants may remain private because of ongoing sensitive investigations.
What If the Arrest Warrant was Issued in Another State?
Fugitive Warrants / Extradition Warrants
There are several factors that play into any potential arrest, including the laws surrounding extradition and the nature of the charges against you. Georgia law lays out its policy on extradition to another state in O.C.G.A. §17-13-23, essentially stating that the governor may refuse to extradite a person unless the request is made in writing by the requesting state. This request, which must be authenticated by the requesting state, should include supporting documentation such as a copy of the warrant, a copy of the judgement of conviction or sentence if either has been rendered at that point, and background as to whether the person escaped custody, jumped their bond, or broke parole.
These documents will be reviewed and verified during an extradition hearing. If the governor grants extradition, he would sign a Georgia arrest warrant, bearing the seal of his office. The accused can then be arrested in the state of Georgia and transferred to the state where the crime was committed to stand before a judge or serve their sentence. Extradition laws vary tremendously, so it’s best to seek guidance from an attorney.
Other Types of Warrants
Failure to Appear Arrest Warrant / Bench Warrants
A typical warrant is issued when law enforcement suspects an individual of a crime, but there is another type of warrant known as a “Failure to Appear” warrant. Commonly referred to as an FTA warrant or a bench warrant, these are issued when an individual has been summoned to appear before court, either through a summons, a citation, or a hearing notice, but failed to do so. An FTA warrant is issued and enforced similarly to an arrest warrant, and requires the same serious attention.
Consider bench warrants as the court’s way of ringing an alarm bell, typically triggered when someone hasn’t followed through on their obligations, namely, appearing for Court.
Federal Arrest Warrants
There is also the issue of Federal Warrants, that being warrants issued for federal rather than state offenses. These work similarly to state warrants in that they are issued by law enforcement and approved by a judge, but in this case it is a federal agency such as the FBI or the U.S. Marshals office, and a federal magistrate who would approve it.
What Are Some Defenses Against an Arrest Warrant?
There are several methods that an experienced attorney can utilize in undermining the case against you, asserting that your rights had been violated or that the warrant had been issued in error. Some of these methods include:
Challenging the Evidence: This method seeks to invalidate the amount or strength of evidence presented during the issuance of the arrest warrant. This can be accomplished by illustrating the weakness of the evidence or by asserting that the original application included false information (whether intentional or not).
Challenging the Warrant Itself: There are many ways to attack the credibility of a warrant. Your attorney could assert that information on the warrant is no longer valid, that it was produced through procedural errors or that it was issued to the wrong person. Warrants must also meet a “particularity standard” demanded that it be specific as to locations to be searched and items to be seized.
Constitutional Challenge: The United States Constitution protects all citizens from unreasonable search and seizure. If the initial search or the warrant were executed upon in a manner that infringes upon this constitutional right, or doesn’t follow legal procedure, the warrant can be invalidated.
There may even be cases where a search or arrest was conducted without a warrant, validated by what law enforcement refers to as “exigent circumstances.” If no such circumstances existed, or were inflated by law enforcement, the evidence obtained can be suppressed. As with any evidence suppressed in a challenge against a warrant, it cannot be used against you at trial.
Alternatives to Surrendering
An attorney can seek to negotiate a time and place for you to turn yourself in to law enforcement in response to an arrest warrant, but there are always alternatives.
For one, your attorney can file a motion aiming to have the original warrant withdrawn, on the grounds outlined above. For FTA or bench warrants, they can negotiate a new court date. They can also file a motion to “quash” the warrant, completely invalidating it in the event that the warrant is found invalid.
It’s important to note that, while warrants do not expire, there is a statute of limitations imposed by Georgia law. The statute of limitations simply states that when enough time has passed since the alleged crime occurred, the suspect can no longer be prosecuted. For misdemeanors, this is generally two years, with a four-year statute of limitations for lesser felonies. For many serious crimes, there is no statute of limitations.
You Can Fight a Warrant
Even suspecting that a warrant has been issued for your arrest can be stressful. Rather than fear what may come next, it’s always better to work proactively and fight it. It all starts when you contact an experienced attorney, with skill and insight into the process that gives them the upper hand in discrediting the pending warrants.
At Busbee Law Group, we go further in securing your rights and protecting your freedom. We keep our caseloads light so that every client gets the full benefit of our thorough approach, grounded in a depth of knowledge and defined by exhaustive preparation. We take the time to learn your case inside and out, giving us the edge when negotiating with prosecutors and defending you in court.
Our ultimate goal is to protect your freedom and help you achieve the best possible outcome. Submit your contact information below to schedule a free, no obligation consultation.