In Georgia, private citizens may take out a criminal warrant against another individual. The person requesting the warrant must prove to a judge at a hearing that there is probable cause to believe the individual committed a crime. The person requesting the warrant may be represented by an attorney and may bring witnesses and other evidence to the hearing. Likewise, the accused individual is entitled to notice of the hearing and an opportunity to be represented by an attorney at the hearing and may bring witnesses and other evidence to support his or her defense.
If the person requesting the warrant wins, a warrant will issue for the accused’s arrest, and the accused will be immediately arrested and taken into custody at the jail, starting the formal criminal proceedings against the accused.
CBJ has successfully prosecuted and defended private citizens in Criminal Warrant Application hearings. Click here to schedule an initial consultation with a CBJ Criminal Defense Attorney.