Help w info on Dekalb warrant application hearing. Firearm related

[Zeake]

As an attorney, I've been in court waiting for my case to be heard when other citizens went before the judge for a arrest warrant hearing. These were usually crappy cases with no evidence other than "he said- she said." If there had been good evidence of the crine, the police themselves would've made an arrest and obtained a warrant immediately afterword.

Most of the time the warrant was denied. That being said, keep in mind that in court the testimony of one single eyewitness is legally sufficient to establish a fact.
That is still true even when other eyewitnesses say it did not happen that way !

If I were you, I would meet with a lawyer at least two weeks in advance and plan on having that lawyer come to court to represent you at the pre-warrant hearing.
A lawyer will be especially useful and cross examining the petitioner who is seeking the warrant against you.

Since there are allegations of you brandishing a firearm against somebody in a threatening way, you are more likely to be arrested on a marginal case with little evidence. Judges don't want to take the chance that if they deny an arrest warrant on you, you'll soon do something bad and it will embarass the judge.

What he said. PAY FOR THE BEST you can get.

 

[hamburglar3]

What he said. PAY FOR THE BEST you can get.

^ this. consider it an investment in your future

 

[Zeake]

^ this. consider it an investment in your future

Burn plastic if you have to. Seriously.

 

[hamburglar3]

Burn plastic if you have to. Seriously.

yep - spend it all because you may lose it all

 

[Plinker66]

I think they call it “malicious prosecution” here in Georgia.

If you have an attorney rite a good demand letter this week mr shovel might drop it before the hearing.

 

[Realstudent368]

In for what happens....

 

[Grub Master]

Henry Frantz, many years of practice and experience.

I used Henry in the late 80's. He has been around a loooong time.

 

[toobaroque]

Quick... move to Florida. You'll blend in with the rest of the "warranted" masses and will live a long and happy life.

 

[Laxguy59]

I know it's old but I'll throw my side in.

I've done a decent number of defense at warrant application hearings. Almost every time its revenge because the other party thinks you were the one that should have been arrested due to the altercation.

I've succeeded in getting legal fees paid by the party seeking the warrant on the basis on them having no reasonable grounds to have the hearing, albeit that occurs rarely as the judge generally finds there was enough in question for a hearing to be reasonable but not enough for a warrant.

It's worth it to have a lawyer, especially if the warrant is granted as the accuser will testify and it is a first chance to cross them and record their testimony, which will aid you if their story changes at any point and just to go ahead and flesh out the weaknesses of a case.

Most lawyers will also tie the payment for the warrant hearings into the normal cost of the case if a warrant is granted.

 

[Peanut Butter]

He was online Saturday so we know he ain’t in jail