MAGISTRATE COURT OF LAURENS COUNTY THE WARRANT PROCESS The issuance of a criminal warrant is a serious matter. The Court does not lightly consider the arrest and incarceration of an individual. Both the Constitution of the United States and Georgia require that the Court have probable cause (a reasonable belief) that the accused committed a crime against the laws of this State in order to issue an arrest warrant. Georgia Constitution: Article One, Paragraph XIII. Searches, seizures and warrants."The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the persons or things to be seized." Arrest warrants are not issued to "teach someone a lesson" or to "get him away from me." Arrest warrants are issued because someone committed a criminal act that justifies arrest and incarceration! In order to obtain an arrest warrant, an applicant first needs a police report. It is possible that, upon the reporting of the matter to the police, the police may proceed with the investigation and arrest of the accused. If the police will not prosecute, then the applicant may apply to the Magistrate Court for the issuance of an arrest warrant. A $10 application fee is charged when the application is accepted. There is no fee for domestic violence cases. If the judge issues a warrant, the applicant will have to sign the warrant as the prosecution. By signing the warrant, the applicant is stating that the information given to obtain the warrant is true and correct. If that information turns out to be false, then the applicant may be charged with false swearing or perjury. As part of the warrant, the court may place the accused on special conditions of bond or "pre-trial release." Those conditions will be explained to the applicant at the time the warrant is issued. Later, should the applicant believe that the accused has violated a condition of bond, the applicant should contact the court for further instructions. Generally. a police report will be required in order to have the accused arrested on a violation of a conditional bond. After the arrest of the accused, the case may be placed on a commitment calendar which is a court calendar day where the court, for the first time, has the opportunity to hear from the accused. That hearing is at the request of the accused, not the applicant/prosecutor. At that hearing, the applicant/prosecutor has to again show the court "probable cause" for the prosecution of the accused. The accused will have an opportunity to question the applicant/prosecutor and/or testify on his/her own behalf. Any witnesses or documentary evidence must be presented at that time to be considered by the court as to whether probable cause exists. The court will make a decision about whether the case should go forward for further prosecution. The court has rules of conduct which must be observed by all parties. IMPORTANT: Should the applicant/prosecutor fail to show for the hearing, or should the applicant/prosecutor decline to prosecute the matter, or should the applicant/prosecutor agree to dismissal of the charges, the applicant/prosecutor will be charged the court costs and sheriff's costs associated with the case unless there is an agreement which is approved by the court. Court costs are as follows: Misdemeanors $50.00; Felonies $100.00. Sheriff's costs are $20.00 for the book-in and $25 per day for incarceration. For example, if an "accused" is arrested and released the same day for a misdemeanor offense for which the applicant/prosecutor later dismissed the charges, then the applicant/prosecutor would be charged the following: Court costs for misdemeanor: $50.00 Sheriff's Book : $20.00 Jail (one day): $25.00 Total: $95.00 Court costs for felony : $100.00 Sheriff's Book-In: $20.00 Jail (one day): $25.00 Total: $145.00 (See Uniform Rules for the Magistrate Court 24.3 Assessment of Costs-Criminal and Section l7~ll-4(a)(3) O.C.G.A. Assessment of cost and jail fees upon prosecutor or complainant.) By signing an arrest warrant, the applicant/prosecutor submits to the authority of the court for all purposes involving this warrant. If the applicant/prosecutor wishes to dismiss the prosecution, then court costs and sheriff's costs are going to be assessed. Failure to pay these costs may result in a contempt citation from the court which is punishable by an additional fine of up to $200.00 and/or incarceration for up to l0 days. Finally, once the court has determined that the matter should be "bound over" to the Superior Court for misdemeanors and felonies, then most further matters in the case will be handled by that court. However, if the Magistrate Court issued a conditional bond, the Magistrate Court will be the court which hears any bond violation matters. If you have any questions, here are telephone numbers and addresses to contact: Magistrate Court of Laurens County Laurens County Courthouse P. 0. Box 2028, CSS Dublin, GA 31040 912-272-3210 (Clerk) 912-296-0700 (Judge's Office) 912-275-4223 (Judge's Office at jail) W.I.N.G.S. (Shelter) Carol Edwards 912-272-8000 1-800-WINGS-03 For felony and misdemeanor offenses: District Attorney Laurens County Courthouse P.O. Box 2029, CSS Dublin, GA 31040 912-272-0440 Victim Assistance Program Sheila Jones 912-277-2944