I never received a letter for a warrant hearing. I went to court regarding a restraining order my ex took out against me. He did not show the order was dismisssed as I tried to leave I was arrested. The accuser gave the court a fake address for me. I never lived at that address. My actual legal address was that of the accuser who is my ex. My name was on the lease but I left a day before he took of the warrant. My mail is being forwarded to my new address. Is this grounds to have the whole thing thrown out?
This is a warrant for property damage. The property is my furniture.
Criminal Defense Attorney
The question presented is whether a warrant can be quashed because the person taking out the warrant mislead the Court by submitting a false address for the person whose arrest was sought?
The answer is it depends on whether there existed probable cause for the arrest despite the fact that the person whose arrest was sought was never notified?
While it is true that pursuant to O.C.G.A. §17-4-40(b)(2) that a warrant application hearing shall be conducted only after attempting to notify the person whose arrest is sought by any means approved by the judge or other officer which is reasonably calculated to apprise such person of the date, time, and location of the hearing.
It is also true that pursuant to another subsection of the same statute, O.C.G.A. § 17-4-40(b)(2), “no warrant shall be quashed nor evidence suppressed because of any irregularity in proceedings conducted pursuant to this subsection ...”
In fact, a Judge is specifically authorized by this Code Section to conduct a hearing even if the person whose arrest is sought does not appear as O.C.G.A. §17-4-40(b)(3) states in pertinent part as follows: if the person whose arrest is sought does not appear for the warrant application hearing, the judge or other officer shall proceed to hear the application and shall note on the warrant application that such person is not present.
The apparent remedy for giving false information under oath to a magistrate is found in O.C.G.A. §16-10-70 which makes perjury a crime.
O.C.G.A. § 16-10-70(a) states in pertinent part as follows: a person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.
Lastly, it seems unlikely that the Judge knew that the property was owned by the person who was alleged to have damaged it as pursuant to O.C.G.A. §16-7-23(a)(1), the crime of Criminal Damage to Property in the Second Degree requires that one intentionally damage the property of another person ...
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