What is a Warrant?
Warrants play a critical role in criminal defense cases in Georgia, and having a better understanding of how they work can help you better protect your legal rights. Judges generally issue these legal documents, which authorize police to take specific actions, such as conducting searches or making arrests. Ultimately, warrants are based on probable cause, and having the skilled legal guidance of an experienced criminal defense attorney at Banks, Stubbs & McFarland on your side is always advised.
The Purpose of Warrants in the Criminal Justice System
Warrants allow the law to gather the information it needs to build criminal cases, but this is only part of the story. In addition, warrants provide each of us with critical constitutional protections at both the state and federal levels. These include preventing illegal searches and seizures and preventing arrests without probable cause.
Probable Cause
An important point to keep in mind regarding warrants is that they are based on probable cause. Probable cause translates to the judge or magistrate determining that the facts and circumstances presented would cause a reasonable person to believe one of the following applies:
- A crime was likely committed.
- Evidence of a crime will likely be found in the location specified.
Primary Types of Warrants in Cumming
Three basic kinds of warrants generally play a role in criminal cases in Georgia.
Search Warrants
A search warrant affords law enforcement the right to search your property or person. Search warrants, however, are limited to the exact areas listed in the legal document. To obtain a search warrant, the police must demonstrate probable cause regarding your involvement in a crime. If the search warrant is predicated on the discovery of specific evidence, it must include an exact description of the search location and the items to be seized.
Arrest Warrants
If the police have an arrest warrant against you, it means they’ve established that there is probable cause for believing you committed a crime. The warrant authorizes them to make an arrest.
Bench Warrants
If a traffic ticket or any other charge requires you to appear in court but you fail to do so, the judge can issue a bench warrant. Bench warrants authorize the arrest of the named individuals and remain active until they are served or recalled by the court. Bench warrants can be discovered and executed at any time, including during routine traffic stops.
Consult with an Experienced Criminal Defense Lawyer Today
The formidable Cumming criminal defense attorneys at Banks, Stubbs & McFarland appreciate just how challenging it is to face a criminal charge. In response, we will spare no effort in the protection of your rights and in the pursuit of your case’s best possible resolution. For more information on how we can help, contact us online or call 770-887-1209 today.