If you are being accused of a crime, schedule a free legal consultation with the Busbee Law Group immediately.
In the state of Georgia, any individual who has been the victim of a crime – or believes they have been – may file a complaint and request a warrant be issued for the arrest of another person, as long as the police have not already taken out a warrant.
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In legal terminology, the person requesting this warrant is known as the “applicant,” with the subject of the request known as the “respondent.” The responsibility falls to the applicant to ensure that all information on the application is complete and accurate and essentially acts as the prosecutor.
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The request will then be heard at a pre-warrant hearing, also known as a pre-arrest hearing or a probable cause hearing. Held before a judge or a magistrate, this legal proceeding will determine whether sufficient evidence exists to establish probable cause for a warrant. Both the applicant and the respondent are allowed to be present to present witnesses, evidence, and even hearsay to make their case.
Designed to ensure there is a legal basis to proceed with a warrant against the respondent, a pre-warrant hearing is important in protecting citizens’ rights against arbitrary arrest and can be held for crimes that would constitute either a misdemeanor or a felony.
Misdemeanor crimes, considerably less serious than a felony, include things like petty theft, trespassing, and simple assault in a pre-warrant hearing. Felonies typically carry higher fines and jail time and encompass crimes that pose a threat to public safety. In a pre-warrant hearing for a felony, an investigator or member of law enforcement may get involved.
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As stated, both applicant and respondent are allowed to be there, the respondent is not necessarily required to be there. However, in their absence the judge will be forced to rely solely on the applicant’s testimony, giving the accuser control over the narrative. In some cases, the judge may even choose to issue the arrest warrant simply because the respondent failed to appear or even issue warrants to compel the respondent or any witnesses to appear before the court.
It’s not unheard of for a respondent to receive a notice for a pre-warrant hearing without even knowing their accuser. In some cases, pre-existing prejudices on the part of the applicant may motivate these accusations. In any case, it’s critical to hire an attorney right away. By investigating the charges against the respondent, they can increase the possibility of dismissing charges before the hearing ever happens.
Being the respondent in a pre-warrant hearing does not mean you are guilty. At Busbee Law Group, we are committed to protecting you, empowering you, and ensuring that your case results in the best possible outcome for you. We prepare more, we work alongside you and we build on a reputation for fierce defense in pre-warrant hearings. That’s how we focus on your freedom. Schedule your free no-obligation evaluation today.
Source: https://t-tees.com
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