What is a Misdemeanor?
Crimes fall into two main categories: misdemeanors and felonies. A misdemeanor is an offense for which a sentence to a term of imprisonment not more than one year may be imposed. A misdemeanor is less serious than a felony and is punishable by fine and/or imprisonment in a city or county jail rather than in a prison. Examples of misdemeanor crimes include:
• Criminal Trespass
• Family Violence Battery
• Giving a False Name or Date of Birth to a Law Enforcement Officer Engaged in a Lawful Investigation
• Harassing Phone Calls
• Possession of 1 ounce or less of marijuana
• Simple Battery
• Theft of Property valued at $1,500 or less
How Do I Obtain a Misdemeanor Warrant Application?
YOU MUST GO TO THE CRIMINAL DIVISION OF THE MAGISTRATE COURT IN THE COUNTY WHERE THE ALLEGED CRIME OCCURRED.
To apply for a Misdemeanor warrant in DeKalb County, click on the warrant application and follow the attached instructions. After completing your application online, email your application to the clerk at email@example.com You will then be able to speak with a judge virtually about your application.
You can also complete the application in-person at the Criminal Division of the DeKalb County Magistrate Court. The Criminal Division is located at 3630 Camp Circle Decatur, GA 30032 .
You must have the first and last name, complete date of birth, and current address for the person(s) you allege committed a crime against you. If you do not have all of this information, then you probably need to have police assistance in investigating the matter. It is always best to report the alleged crime to the police before you come to the Criminal Division to seek a warrant.
After you complete your application, a judge will read your application and hear your sworn testimony. If the judge determines that the application should be set down for a hearing, the court clerk will prepare a court notice document listing the crime alleged and setting the time, date, and location of the hearing. The court clerk will email and/or mail you a copy of the hearing notice. The clerk will also mail a copy to the accused at the address provided by you, the applicant.
An essential aspect of this procedure is the duty of the court to ensure that the accused has legal due process, notice of the warrant application hearing, as required by Georgia law. If the Court determines the address information is insufficient or that the mailed notice was returned as undeliverable, then the matter will be dismissed.
Either party may hire an attorney to represent them during the hearing. However, legal representation is not required. The final determination of whether or not to issue a criminal warrant will be made at the warrant application hearing. If the judge finds probable cause exists that a crime has occurred, a criminal arrest warrant will issue. If the judge does not find the required probable cause, the matter will be dismissed.
YOU CANNOT USE THIS PROCESS TO COLLECT A DEBT.
Additional Forms You Need to Complete: