The Forsyth County Magistrate Court allows individuals to pursue criminal warrants against other parties when necessary. The warrant application process involves going to the magistrate court and filling out a warrant application form. The warrant application will require your contact information, all identifying and contact information about the person whom you seek a warrant for, listing any past lawsuits with or against the person, and giving a brief description of your reason for seeking a criminal arrest warrant. You must sign the form swearing the information is true in the presence of a notary.
The most common warrant applications I see involve:
- 1. Fights or threats made between two people
- 2. Stolen or misappropriated property
- 3. Trespassing or some type of property dispute
- 4. Bad checks or unpaid debts
Once you have sworn out a warrant application form, the Forsyth Magistrate Court will give you a date to return and mail the other person a copy of the warrant and a notice to appear in court. Once a hearing date is set, both parties are expected to show up ready to present their case. Both the person prosecuting the warrant and the individual defending the warrant have the right to be represented by an attorney. One of the worst things that can happen in this process is to show up at court without an attorney and discover the other party has retained an attorney who is ready to go. This creates an uneven playing field and results in the party with the attorney having a serious advantage.
Warrant application hearings can be an effective way to come to an agreement in many situations. Even if one person decides not to press formal charges- misdemeanor or felony- agreements can still be made that are enforceable by the Court. Be aware that if the court finds there is no evidence of a criminal violation, you may be faced with filing a civil lawsuit in any further attempt to be compensated for harm done to you.
If you have been mailed a notice to come to court for a warrant application hearing in Forsyth County or Atlanta, or if you are thinking about filing a warrant against someone, please give me a call today to discuss your situation. I have represented both Petitioners (person seeking the warrant) and Defendants or Respondents (person defending against warrant) in the Forsyth County Magistrate Court and will be happy to speak with you about your particular case. I will layout the necessary steps for your case and certainly explain how my services can be of benefit to you. I can be reached directly at: evan@zwdefense.com or by calling our office at (770) 676-1340.