Can I appeal a private citizen warrant dismissal bya magistrate?

I applied for a criminal warrant of a person and was granted a pre-warrant hearing. My warrant was dismissed. I feel there was more than enough evidence presented to justify the issuance of a warrant. Can I appeal this dismissal? Do I have any other options? I live in a small, rural county in Georgia where everybody knows thy neighbor and I feel the the judge had made a decision before taking the bench.

Asked on October 10, 2011 under Criminal Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can appeal the dismissal of the private warrant that you sought which was dismissed by the magistrate. That is your constitutional right since there was a proceeding allowing the pre-warrant hearing. You need to be aware that appeals are expensive and time consuming.

Typically there are specialists (appellate attorneys) who do nothing but appeals. If you are interested in appealing the denial of the private citizen warrant, I suggest that you retain an appeals attorney to do what you desire.

Good luck.


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