Legal Question in Criminal Law in Georgia

Right to view warrant

Two of my sons, in their 20's, were target shooting in their yard. It's out in the county, very rural, into a thick line of trees with no homes in sight. A deputy showed up claiming one of their bullets hit a chicken coop. The story has changed several times. They were told it lodged in a screen in a home where a young child lived and then to only two men living in the home. Turns out it's probably two police officers home. A detective called one sons workplace telling him to show up in court any day he wanted to speak with the judge. The other son was never notified of anything and numerous messages to the detective and sheriff's office were not returned. A cop called the other night saying he had warrants and they had to turn themselves in. One did so, bonded himself out. The other was out of town on business and turned himself in when he returned. Since he'd never been told what they were being charged with, was told that there was no evidence of the bullet lodged in the screen, he wanted to see the warrant and was told he couldn't see it. This is while he was being booked. Doesn't he have a right to see the warrant and how can they get a warrant if there is no evidence? There's more to this story, but those are the highlights.


Asked on 4/07/04, 11:25 pm

1 Answer from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Right to view warrant

Your sons' story, or ones very similar, are told everyday. There is a difference between one's right and enforcing that right. You see that a warrant can possibly be obtained without evidence, but it can be challenged for the very same reason and even be dismissed under the right circumstances. Your sons need representation.

As I write this response, I do not recognize the area in which you are located, but I will be happy to discuss your case on a no obligation basis if you wish.

Jim Hough

770-607-5300

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Answered on 4/08/04, 7:23 am


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