The Truth About Georgia Arrest Warrants

In the state of Georgia, an arrest warrant gives permission to law enforcement to arrest an individual who has been suspected of committing a crime. An arrest warrant allows Georgia the right to enforce its own state laws and bring criminals to justice through the trial process.

Georgia police officers must gather evidence that implicates an individual in a crime in order to establish probable cause. Once they gain enough factual evidence, they must appear before a judge to present it with the intent to obtain a legal arrest warrant. All evidence must be based on truth and not heresay or the warrant will not be approved. If the judge determines that probable cause exists, then he/she will issue an arrest warrant. This grants police the authority to apprehend and arrest the suspect named on the warrant. Once an individual has been taken into custody the courts will decide whether that person is innocent or guilty.

A Georgia arrest warrant will name the person to be detained. If the name is unknown then a detailed description of the person needs to be included in the warrant so the police make sure to arrest a suspect who most closely matches the description. It also must list the offense the person is being charged with and be signed by a judge. Georgia arrest warrants will likely designate where the warrant is to be executed so law enforcement know how to handle the order. This could be either in a specific county or state wide.

How to Find Georgia Arrest Warrant Records

Georgia is one of those states that has adopted an open records policy. Detailed information about this policy can found in the Georgia Open Records Act. It declares that all public records are available for viewing unless the records have been expunged or are exempt. To obtain records you may do so either in writing (which is the best way so you have documentation of the intent) or by oral request. You can submit any Open Records Request by emailing OpenRecords@cjcc.ga.gov. Records not available to the public would contain information such as SS#, financial information, medical information and other facts that would be an invasion of privacy. See a list of what cannot be disclosed to the public here.

Georgia does not have a state wide database for organizing active arrest warrants. Because of this, a good way to start any arrest records inquiry is to contact the sheriff's office or the court system in the county where you believe the arrest warrant was filed or the crime took place. The county sheriff or the county clerk are qualified to help you find the records you need.

For related resources, the Georgia Department of Corrections is a valid informational site. It provides an online listing of the Most Wanted Persons within the state. Any person you see on their site will have an active Georgia arrest warrant attached to their name. You can also perform a Georgia Offender Search to gain access to arrest and criminal records of all individuals currently in a Georgia prison or those that are former offenders.

You can always run a search directly from this site. Type in the first and last name of the person you want to search in the search box above and results will populate in seconds. All searches are completely discreet and confidential. With GeorgiaArrestWarrant.com you can be sure to get instant access to arrest warrants, criminal records, and public background records for any person in the United States, not just Georgia. You can do the search from your own computer and all searches are backed by our 100% satisfaction guarantee.

Types of Warrants

There are various types of warrants utilized in the U.S. legal system each serving a different and specific function. Those same U.S. Warrants apply to the state of Georgia. The end goal of any warrant is to serve justice, uphold the law, and keep citizens safe by arresting those who have broken the law. A warrant is a writ or an order issued by a judge that authorizes law enforcement officials to arrest an individual in response to a crime that has taken place. Warrants issued by a judge include arrest warrants, criminal warrants, bench warrants, search warrants, civil warrants, extradition warrants, and execution warrants to name a few. Each warrant has the same intent; to bring a person into custody to answer for the warrant in their name.

Arrest Warrants and Criminal Warrants
An arrest warrant is used in cases where a crime has been committed. The warrant is issued in the name of the individual who is suspected of committing that crime. An arrest warrant must be supported by probable cause as explained above or it is not legal. Arrest warrants are also known as criminal warrants since the warrants deal with bringing someone into custody that was suspected of committing a criminal act. In either case, once an arrest warrant is issued it does not expire until the person is arrested and has answered for the charges against them. An arrest warrant is not resolved until that person is given the chance for a fair trial to prove their innocence or guilt in court.

Alias Warrants and Bench Warrants
After a citation has been issued, if an individual fails to make an initial court appearance, then the court may issue an alias warrant. This is another type of arrest warrant meant to bring people into custody who disobey a court order. A bench warrant can be issued if a person fails to be present at his or her next scheduled court appearance. An alias or bench warrant can be issued in criminal or civil court cases. Both alias and bench warrants are set in place to ensure that if citizens try to run from the law there are statutes in place with penalties for doing so. Once an alias or bench warrant has been issued, law enforcement has full authority to arrest the individual and bring that person to court before a judge.

Search Warrants
A search warrants purpose is to legally allow law enforcement to search a person or private property in relation to a crime. Within the parameters of the warrant, officers can investigate evidence collected in a search to be used in court to support their criminal case. Law officers are required to submit a sworn affidavit statement when requesting a search warrant. This affidavit must be backed with factual evidence to legally obtain a search warrant. In general, a search warrant must describe in detail the person or place to be searched as well as the property to be seized for evidence.

A search warrant is a court order that authorizes law enforcement officers to search a person's residence, work, vehicle, or body for evidence of a crime. Law enforcement must have probable cause to violate a person's right to privacy. Based on the Fourth Amendment of the Constitution of the United States, most searches require a search warrant, with the exception of a criminal fleeing the scene of a crime as witnessed by a law enforcement officer. In this case, the officer has the right to search the individual's property without a search warrant.

Civil Warrant
Civil warrants are used in civil cases where monetary value is being sought. For the most part this includes small claims court actions. The civil warrant will list the defendant's name and address as well as the claim amount and basis for the dispute. If a plaintiff is seeking monetary damage from a defendant, a civil warrant in debt may be filed by the plaintiff who wants to recover personal property which they feel was wrongly taken from them. In general a plaintiff must pay filing fees in order to serve the warrant on the defendant.The court does not take responsibility for this.

No knock Warrants
No knock warrants are used in cases where the unannounced presence of law enforcement is essential to carrying out the order effectively. No knock warrants work well in drug cases since a known police presence and entry would allow suspects to destroy any drug paraphernalia. To obtain a no knock warrant, law officers must prove to the judge that the no-knock warrant is justified. A judge will carefully consider the evidence and reasoning before deciding to go with a no knock or traditional search warrant.

Federal or State Warrant
Federal warrants are issued at the federal level in the U.S. Court system. A federal warrant may be issued in a criminal case after a federal attorney or law enforcement officer has presented evidence in support of a warrant to a federal judge. Federal warrants are usually issued in larger, more severe cases that can't be handled at the state level. While federal warrants are nation-wide, state warrants are only to be used within a specific state. They are granted on behalf of a state and call for the arrest of an individual to be answered in a state court.

Extradition Warrant
An extradition warrant is necessary in cases where a person has fled a state and is a fugitive hiding in another state to elude the law. After being arrested on an extradition warrant, the suspect will be sent back to the state in which the the crime was committed. The fugitive will be held in custody so they can't flee until they are physically extradited to the state where the warrant originated from.