Georgia Warrants for Arrest
Warrants for arrest are a legal document issued by a court authorizing law enforcement to detain and arrest an individual accused of committing a crime. In the state of Georgia, warrants for arrest are governed by the Georgia Code of Criminal Procedure, specifically Section 17-4-40.
Types of Warrants in Georgia
There are three types of warrants in Georgia: bench warrants, arrest warrants, and search warrants. Bench warrants are issued by a judge when a person fails to appear in court after being summoned. Arrest warrants, on the other hand, are issued by a judge or magistrate when there is probable cause that an individual has committed a crime. Lastly, search warrants are issued by a judge when there is probable cause to search a specific location for evidence related to a crime.
How to Obtain a Warrant for Arrest in Georgia
Warrants for arrest in Georgia can be obtained by law enforcement officers or prosecutors. In order to obtain a warrant, the officer or prosecutor must present evidence to a judge or magistrate that provides probable cause to believe that the person has committed a crime. Once the judge or magistrate signs the warrant, it is then given to law enforcement for execution.
Executing a Warrant for Arrest in Georgia
When a warrant for arrest is issued in Georgia, law enforcement officers have the authority to arrest the individual named in the warrant. The warrant must be served in a timely manner, and if the person is not found, the law enforcement officer must return the warrant to the judge or magistrate with a note explaining the reason for not finding the individual. If the individual is found, they will be arrested and taken into custody.
In cases where an individual is already in custody, law enforcement will serve the arrest warrant by presenting it to them and informing them of the charges against them.
What Happens After an Arrest is Made?
After an arrest, the individual will have their initial appearance before a judge or magistrate within 48 hours. During this appearance, the judge will inform the individual of the charges against them and set bail, if applicable. If the individual cannot afford to post bail, they will remain in custody until their next court date.
If the individual fails to appear for their initial hearing, a bench warrant may be issued for their arrest.
How to Find Out if You Have an Active Warrant for Arrest
In the state of Georgia, anyone can check if they have an active warrant for arrest through the Georgia Felon Search website. The search can be conducted by using the individual’s name, date of birth, and/or social security number.
It is important to note that the Georgia Felon Search only provides information on felony warrants and does not include information on misdemeanor warrants.
Consequences of a Warrant for Arrest
If an individual has a warrant for arrest, it is in their best interest to turn themselves in to law enforcement as soon as possible. Failure to do so can result in serious consequences, including additional charges and a negative impact on the outcome of their case.
If an individual is arrested on a warrant and fails to appear for their court date, a bench warrant will be issued for their arrest. Additionally, the court may also impose additional penalties for failing to appear.
How to Handle a Warrant for Arrest in Georgia
If you believe that you have an active warrant for arrest in Georgia, it is crucial to seek legal advice from a criminal defense attorney. They can help determine the best course of action and guide you through the process of resolving the warrant.
It is important to note that attempting to evade or flee from law enforcement can lead to additional charges and serious consequences. Turning yourself in to law enforcement is the best and safest course of action.
Conclusion
Warrants for arrest in Georgia are serious legal documents that authorize law enforcement to detain and arrest individuals accused of committing a crime. If you believe that you have an active warrant for arrest, it is important to seek legal guidance and address the warrant as soon as possible to avoid further repercussions.
It is also important to remember that warrants for arrest can be avoided by complying with court orders, appearing for scheduled court dates, and seeking legal help if needed.
