In Georgia, a warrant is a legal document signed by a judge that gives law enforcement the go-ahead to take action, usually to arrest someone or conduct a search. If you think there’s a chance you might have a warrant out for your arrest, it’s a good idea to check. Knowing about it can help you avoid a surprise arrest and deal with any legal problems head-on.
This article covers the different ways you can perform a GA warrant check, what could happen if you do have a warrant, and other things to keep in mind.
Understanding Georgia Warrants
If you’re concerned about whether you have an outstanding warrant in Georgia, it helps to know a little bit about how warrants work in the Peach State.
Types of Warrants in Georgia
Georgia courts can issue several types of warrants:
- Arrest warrants are issued when law enforcement has probable cause to believe you’ve committed a crime. These can be issued for misdemeanors or felonies.
- Bench warrants are issued when you fail to show up for court. You can get a bench warrant for something as minor as a traffic ticket, or for violating a court order.
- Search warrants give law enforcement the right to search a specific location for evidence. Like arrest warrants, search warrants must be based on probable cause, and they have to spell out exactly where officers are authorized to search and what type of evidence they’re looking for.
Information Required to Obtain a Warrant
Judges won’t issue warrants willy-nilly. To get a warrant, law enforcement has to show:
- Probable cause, meaning a reasonable belief that a crime has been committed. This has to be supported by sworn statements or affidavits.
- Specificity, meaning that the warrant has to clearly identify the person to be arrested or the place to be searched.
How to Find Out if You Have a Warrant in Georgia
If you’re worried you might have an outstanding warrant in Georgia, there are a few ways to find out. Here’s a breakdown of your options:
Contacting Local Law Enforcement Agencies
Your first step could be reaching out to the law enforcement agencies in the counties or cities where you’ve lived or spent time.
- Sheriff’s Office: Each county in Georgia has a Sheriff’s Office, which is the main law enforcement agency for that county. You can call or visit the Sheriff’s Office to ask about any outstanding warrants. Be prepared to provide identification and some personal information so they can verify your identity.
- Police Department: If you live in a city or municipality, you can also check with the local police department. Keep in mind that procedures can vary from department to department. Some police departments might even offer online warrant searches, but that’s not always the case.
Checking Court Records
Another avenue is to check the court records in the county where you think the warrant might have been issued.
- Clerk of Court: The Clerk of Court is responsible for maintaining records of criminal cases and warrants. You can visit the Clerk’s office and ask to search the records. Generally, the public is allowed to access these records, but there might be some restrictions.
- Online Court Records: Many counties in Georgia are starting to offer online access to court records. Check the website for the court in the county you’re interested in. Just remember that not all counties have this option, and even if they do, not all warrant information might be available online.
Hiring an Attorney
If you want to be extra careful, or if you’re concerned about what might happen if you do have a warrant, you can hire an attorney to check for you.
- Attorney Consultation: A lawyer can check for warrants confidentially on your behalf. They have access to legal databases and resources that aren’t available to the general public. Plus, they can give you legal advice and represent you if a warrant does exist.
Having legal representation can help you protect your rights and navigate the legal process more effectively. An attorney can even negotiate with law enforcement or the court on your behalf.
What happens if I have a warrant out for my arrest in Georgia?
Having a warrant out for your arrest can have serious consequences. Here are some things you should know.
Arrest and detention
If there’s a warrant for your arrest, law enforcement officers are authorized to arrest you pretty much anywhere they find you — during a traffic stop, at your home, or in a public place.
After you’re arrested, you’ll likely be held in custody until you can appear before a judge. At that hearing, the judge will determine whether you’re eligible to be released from custody while you await trial. This is often called bail, and the amount is determined by the judge based on factors like the severity of the crime and whether the judge thinks you’re a flight risk. You may have to work with a bail bondsman to post bond.
Legal ramifications
Warrants are almost always related to criminal charges, and those charges can lead to penalties like fines, probation, or even time in jail or prison.
Having a warrant out for your arrest, and having a criminal record in general, can also affect background checks for jobs and housing. It might even affect other opportunities you’re hoping to pursue.
Important considerations
If you find a warrant with your name on it, it’s important to double-check that the warrant is actually for you. Sometimes names are similar, and it’s easy to get the wrong person.
You should also talk to a lawyer. They can explain your rights and tell you what to expect.
Finally, don’t try to run from the police. If you know there’s a warrant out for you, it’s best to cooperate. Running away can lead to more charges.
Frequently Asked Questions
Do I have a bench warrant in Georgia?
Figuring out if you have a bench warrant in Georgia isn’t always straightforward. There isn’t one single, public online database. Your best bet is to contact the clerk of court in the county where you think the warrant might have been issued. You can also reach out to your local sheriff’s office. It’s generally best to handle this proactively rather than waiting for an unexpected encounter with law enforcement.
Do background checks show warrants?
Yes, background checks typically do show active warrants. Standard background checks often include a search of criminal records, which will reveal any outstanding warrants. This includes bench warrants and arrest warrants. Keep in mind that the depth and scope of a background check can vary depending on the purpose and the entity conducting it. For example, a background check for employment might differ from one conducted for a security clearance.
Key Takeaways
Checking for warrants in Georgia is an important step in addressing potential legal issues proactively. Don’t wait for law enforcement to knock on your door.
You can check for warrants by contacting local law enforcement agencies, searching court records, or hiring an attorney to investigate. Each method has its pros and cons, so choose the one that best fits your situation and resources.
If you discover you have an outstanding warrant, it’s best to consult with an attorney. A lawyer can help you navigate the legal process, understand your rights, and work towards a resolution.