Criminal Warrant Application Hearings in Georgia and the Need for a Qualified Lawyer
The Burden of Proof For an Arrest is Not The Same Burden of Proof Required to Be Guilty Or Convicted.Criminal warrant applications can be very dangerous to the accused party, as any person can obtain an arrest warrant. The process for obtaining a criminal warrant application is started by filing an application. The hearing will determine if you can be arrested based on what the witness[es] say. It is important to understand that the hearing is not a trial to determine guilt or innocence. Because of this, the burden of proof is lower to obtain an arrest than what is necessary for a conviction. As such, you would be aided by the assistance of an attorney who can help you to defend yourself and work to prevent you from being arrested.
The Assistance of an Attorney Who Practices Criminal Law is Important to Your DefenseWhen preparing for a criminal warrant application hearing, it is important to have proper guidance and counsel. Many strategic decisions must be made to prevent opening yourself up to more liability, as the Judge has the ability to add charges against you based on what evidence they hear. It does not matter if the new charge was not included on the warrant application. It is also important to understand that the testimony at a criminal warrant application hearing can be used later as a part of the case for a conviction. Therefore anything said by you could later be used against you.
Finally it is important to know that the person who takes a criminal warrant application out against you will not be able to 'drop the charges' later on, as once you are arrested that decision rests solely with the prosecuting attorney on behalf of the state.