Legal Question in Criminal Law in Georgia

We just left court and the application for warrant was dismissed by judge--can same charges be brought before court again?

Asked on 7/03/13, 7:46 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office

Since you gave us no details, there is no way to even guess.

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Answered on 7/03/13, 7:51 am

Lawrence Lewis Lawrence Lewis, P.C.

YES, it depends on why it was dismissed.

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Answered on 7/03/13, 8:08 am
Robert Gardner Hicks, Massey & Gardner, LLP

Warrant application hearings are when an individual seeks to have a warrant taken out on someone in a case where law enforcement declined to do so. If law enforcement changes their mind, they can always issue a warrant. Also, if the judge dismissed it because of some technicality, such as a witness not being present, the wrong charge was in the application, or lack of jurisdiction, the judge may reconsider if it is redone to fix those problems. Also, if the application was done in the wrong county, the person seeking it can file a new one in the correct county. However, although not 100%, but most times where a judge hears the evidence and refuses to issue a warrant, the issue is dead on the criminal front. Finally, if the judge found the issue to be more civil than criminal, the person can sue you if they can't have you arrested.

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Answered on 7/03/13, 12:25 pm

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