Help w info on Dekalb warrant application hearing. Firearm related

[BIKER13]

I had to surrender and the case was dropped in the solicitors office.

 

[palmettomoon]

I have a solid case and a dozen witnesses.

Long story short..
A truck driver got into a fist fight on the job with another foreman, upon getting his ass kicked the driver picked up a long handled shovel and proceeded to hit 4 people with it. The first initial swing of the shovel I yelled stop and proceeded to go that way with gun at my side , driver jumps in truck and leaves now I’m getting mail where he wants to press charges against me.
Charges were pressed on him and he was arrested for felony aggravated assault & felony terroristic threats

His trying for a warrant on me just seems like retaliation

Sounds like you embarrassed him further after he got his ass whooped. What a tool that guy is. Pick up a shovel and hit me with it and you ain't gonna like the outcome.

 

[BigMike]

You have to much to lose to chance not getting an attorney.

 

[C'mon man!]

Get an attorney, a good one.

 

[jdav]

If citizen (truck driver) is filing be sure to ask your attorney about countersuing for legal fees incurred & defamation if its relevant to the case.

 

[gh1950]

If citizen (truck driver) is filing be sure to ask your attorney about countersuing for legal fees incurred & defamation if its relevant to the case.

Not in a criminal case.

 

[GAgunLAWbooklet]

Not in a criminal case.

Well, there CAN be an actionable tort to arise from malicious prosecution based on a citizen lying on an arrest warrant affidavit, if that is what causes a judge to issue a warrant, have the innocent arrested, and prosecuted, and the prosecution ends with a clear acquittal on the merits (not guilty at trial, or the prosecutor dismissing the case for lack of evidence).

Without an active prosecution that is seen through to a final resolution 100% in the citizen's favor, you can't sue and recover on that tort.

One might think another tort that could apply is just defamation. Libel and slander for making knowingly-false statements and publishing / announcing them to others. However, when they are published / announced as part of a legal pleading in any sort of case, it's protected. It's outside the scope of the defamation laws.

QUOTE: It is well established that an affidavit before a magistrate, made for the purpose of causing an arrest, will not support an action for libel, though falsely and maliciously made.
Francis v. Wood, 75 Ga. 648 (1886). "[T]he affidavit upon which the warrant issued affords no basis for a recovery under a defamation theory. [Cit.]"

Tetrault v. Shelton, 179 Ga. App. 746, 747 (1) (347 SE2d 636) (1986).

The remedy where such an affidavit is falsely and maliciously sworn lies rather in the torts of malicious arrest and malicious prosecution...

Above quoted from Watkins v. Laser/Print-Atlanta, Inc. 183 Ga. App. 172 (1987)

 

[Alaskan]

Get your self a lawyer and take your postings on this subject down.. Like Now before you even posted it.

 

[ARCman47]

Get a lawyer, go for abuse of due process and ask for the award of Court Costs, lawyer's fees, and punitive damages. NAIL the Fu*ker to the wall!

This. All day long

 

[Joshua223]

In for more info