FAQ

What is a subpoena?

A subpoena is a document that compels a person to attend court and/or to produce documents.

What is a warrant application hearing?

After  a civilian makes a written application for the issuance of a criminal arrest warrant, a Judge makes a determination as to whether the application should be set down for a hearing. If the Judge determines that the application should be set down for a hearing, a form is filled out stating the crime alleged and setting down the time, date, and location of the hearing. The Judge delivers one copy to the applicant at the time of the application. The Clerk of Court mails one copy to the defendant at the address provided by the applicant.

May an accused apply for an attorney at the warrant application hearing?

Yes.  Accused persons, who are indigent and are unable to afford counsel, may apply for court appointed counsel.  This application must be in writing and be submitted under oath.  You must immediately appear before a magistrate court judge to apply for appointed counsel in order to do so before the hearing.

In most cases, hearings will not be continued for the failure to timely apply for appointed counsel or hire counsel.

Does the accused have any additional rights in the warrant application hearing since this is a criminal case?

The Accused has the right to remain silent and any testimony given by the Accused may be used against him or her.  The Accused is under no duty to present any evidence tending to prove innocence and is not required to take the stand and testify.  If the Accused elects not to testify, no inference hurtful, harmful, or adverse to the Accused shall be drawn by the magistrate, nor shall such fact be held against the Accused in any way.

What is a delinquent act?

Delinquent Acts are acts committed by juveniles that would be charged as a criminal act if they had attained their 17th birthday. The same rights afforded to adults in these cases must be given to a juvenile and the same rules of evidence applies.

What is meant by informal handling in Juvenile Court?

Informal handling of a case is normally reserve for those juveniles who are charged with relatively minor offenses and have never been before the Juvenile Court.  It is voluntary and only done when the child admits to committing the offense. 

What is meant by Commitment in Juvenile Court?

If an offense is so serious that the Juvenile Court is not equipped to deal with it locally, or when a juvenile repeatedly comes before the Court and the Court has exhausted all treatment options, the child may be committed to the Georgia Department of Juvenile Justice.  Once a child is committed, it is up to the Department of Juvenile Justice to determine the placement of that child.  The options include secure detention, placement in a group home or treatment facility or returning the child to his home for local supervision.

To arrange for a free initial consultation with Greg McKeithen, an experienced criminal defense attorney, call 678-407-9222.  We will review the facts of your case with you and will offer you our legal opinion as to the strengths and weaknesses of your case.

 Gregory McKeithen, P.C.

Attorney at Law

P.O. Box 1145

Lawrenceville, GA 30046

Phone: 404-408-8847