Georgia law provides that a private citizen may apply for an arrest warrant to be issued for the arrest of another person pursuant to OCGA § 17-4-40, with some exceptions. Warrant applications for crimes alleged to have been committed in DeKalb County should be presented and submitted in person at the DeKalb County Magistrate Court Clerk’s Office at 3630 Camp Circle, Decatur, Georgia 30032. The fee to file a warrant application is $20 per application, which may be waived upon the reviewing Judge’s discretion. If the crime alleged involves an act of domestic violence, there is no fee to file the warrant application. Judges are available to review applications between 9am-12pm and 1pm-5pm Monday through Friday, excluding holidays.

The person applying for the warrant is the “Applicant” and the person a warrant is being sought against is the “Respondent.” The Applicant is the prosecutor of the case and is solely responsible for ensuring the application is complete and contains accurate information. The Applicant should expect to present their application in person with a current picture ID. The completed application should provide the details of the crime, where and when it occurred, the correct physical identifying information of the Respondent, and the current residential address for the Respondent. If an Applicant does not have all of this information, then they may need law enforcement assistance in further investigating the matter. The Clerk’s Office staff will not assist you in gathering information needed to complete the application and are prohibited by law from giving legal advice. Any legal questions should be directed to a licensed attorney. The Applicant may provide supporting documentation, such as police reports, photographs, records, etc., with their application.

A Judge will review the completed application and may verify it under oath with the Applicant to determine whether it alleges sufficient probable cause that a crime has been committed by the Respondent in DeKalb County such that it should be scheduled for a hearing. If the application form and any sworn testimony from the Applicant provided at the time of the application do not demonstrate probable cause for issuing a warrant, the application may be denied. If there is insufficient identifying information for the Respondent and/or insufficient residential address information for the Respondent, the application may not be scheduled until the necessary information is provided.

A denial of an application does not preclude a citizen from following up with law enforcement for further investigation of their matter or from pursuing remedies in other court forums. Law enforcement is trained to investigate crimes, is best equipped to document and preserve evidence for any future prosecutions, and is authorized to seek arrest warrants outside the civilian warrant application process. Citizens should always call 911 for any emergency criminal matters and threats to anyone’s safety.