Civilian - Criminal Arrest Warrant Application Hearing {MAG 20-04}

MAGISTRA TE COURT OF GWINNETT COUNTY -- GEORGIA CASE NO:_________________IN RE: CIVILIAN -- CRIM INAL ARREST WARRA NT APPLIC ATION HEARING: O.C.G.A. 17-4-40; FURTHER NOTICES ON REVERSE SIDE Name of Accused Address City, State & Zip Wk#: Hm#: You are hereby notified that ______________________ ____________ _______, Applicant, has madean application that a criminal arrest warrant be issued against the Accused for the offense(s) of: ____________ ____________ ____________ ______, O.C.G.A._________, occurring on _______________.(A more complete description of the allegations is on file and available at the Magistrate Court clerks office.) No arrest warrant has been issued at this time. Pursuant to O.C.G.A. 17-4-40, on____________________________ ____________ ___, at [ ] 6:30 PM in Courtroom 1-B; [ ] 1:30 PM in Courtroom 1-C; a warrantapplication hearing on this matter will be held in the Gwinnett Magistrate Court, Gwinnett Justice &Administration Center, 75 Langley Drive, Lawrenceville, GA 30045-6900, 770.822.8073 & 770.822.8072. Thisarrest warrant application hearing will be heard by a magistrate judge. RIGHTS OF THE A PPLI CANT & A CCUSED: At the warrant application hearing, the rules regard ing admission ofevidence at a comm itment hearing shal l apply. The person seeki ng the warrant shall have the customary rights ofpresent ation of evidence and cross- examination of witnesses. The person whose ar rest is sough t may cross- examine theperson or persons appl ying for the warrant and any other witnesses test ifying in support of the application at the hearing.The person whose arr est is sought may pr esent ev idence that probable cause does not exist for his or her arrest . Thejudge or other officer sha ll have the right to limit the presenta tion of evidence and the cross-e xam ination of witness es tothe issue of probable cause. At the warrant application hear ing, a determ ination shall be made whether or not probablecause exi sts fo r the issua nce of a warrant for the arrest of the person whose a rrest is sought. If the judge or other officerfinds that probable cause exists, the warrant may issu e insta nter. (Se e R ev erse Sid e fo r Add ition al R igh ts.) FAI LURE OF A CCUSED TO A TTEND : If the person whose ar rest is sough t does not appear for the warrantapplication hearing, the judge or other officer shall proceed to hear the application and shall note on the warrantapplication that such person is not present. Alternat ively, the judge may imm ediately assign this case to a lawenforcement of ficer for further investigation or law enforcement war rant application. A law enforcement of ficer mayproceed with an arrest warrant application without any further notice to the Accused. SUBPOENA(S) : All parties have t he right to subpoena witnesses and/ or the production of documents. Subpoenasare issued by the clerks office during normal business hours. RIGHT TO COUNSEL: All persons may be represented b y counsel. (See reverse s ide.) Persons una ble to affordcounsel may apply for court appointed counsel. This must be in writing & under oath. Forms are at the Magistrat e Court orwebsite, www.gwinnettcourts.com . You must imm ediately appear before a magist rate court judge to apply for appointedcounsel. Hearings will not be continued for the failure to timely apply for appointed counsel or hire counsel Printed Name of Magist rate : So ordered this _______ day of ___________________________, 20 ________. Signature: Certificate of Ser vice: A copy of this document was served upon the parties as follows: st Accused [ ] hand delivery [ ] 1 class mail Date By: [ ] telephone call to: _______________ st Applicant [ ] hand delivery [ ] 1 class mail Date By: W:\Magforms & C\myfiles\forms\civilianwarranthearing Mag. 20-04. Aug 2001 <<<<<<<<<********>>>>>>>>>>>>> 2 RIGHT TO COUNSEL --WA IVER OF COUNSEL SHOULD YOU HIRE AN ATTORNEY OR APPLY FOR A PPOINTED COUNSELYou have been charged with a crime for which the punishment may be 12 months or more.Do you understand the MAXIMUM penalty for each offense for which you are charged?Do you understand that you have the right to present defense to these charges? Do you know what thosedefenses are under the law? Do you understand that you have the right to present any mitigating evidence in regard to these charge?Do you understand the this Court strongly advises you against proceeding without an attorney?If you are indigent, that is you have no funds to hire an attorney and you meet the income guidelinesfor appointed counsel, that this Court will appoint an attorney to represent you if you wish. Thisattorney can be appointed before your hearing. This Court cannot assist you in the presentation of your case.Do you understand that you will be held to the same legal standards as an attorney in thepresentation of your case? Do you understand that your failure to raise or challenge issues before this court will hurt or evenforeclose issues to you in a higher court or on appeal.How far did you go in school. Do you have any legal training, formal or informal?Is your decision to represent yourself made freely and voluntarily?Are you representing to this Court that this decision is made knowingly and intelligently by you?These questions should help you analyze whether you should hire an attorney or apply for appointedcounsel. CASES WILL NOT BE CONTINUED BECA USE OF A FA ILURE TO TIMELY HIREAN ATTORNEY OR A FAILURE TO TIMELY APPLY FOR APPOINTED COUNSEL. ADDITIONAL RIGHTS OF PERSONS A CCUSED OF CRIMES The Accused has the right to remain silent and any testimony given by the Accused may beused agai nst him or her. The Accused is under no duty to present any evidence tending to proveinnocence an d is not required to take the stand and tes tify. If the Acc used elects n ot to testify, noinference hurtful, harmful, or adverse to the Accused shall be drawn by the magistrate, nor shall suchfact be held against the Accuse d in any way. W:\Magforms & C\myfiles\forms\civilianwarranthearing Mag. 20-04. Aug 2001