- Any citizen may complete an application for an arrest warrant after the event has been reported to the appropriate law enforcement agency. However, the below listed requirements must be met prior to filing:
- The applicant must be 18 years of age or older or the parent or guardian must file on his/her behalf.
- The person against whom the warrant is being requested must be 17 years old or older.
- The alleged crime must have taken place in Gilmer County.
- The applicant must provide an incident report from the appropriate local law enforcement agency, which will contain statements pertaining to the alleged crime. Applications will not be accepted without a law enforcement incident report.
- A complete mailing address for the person of whom you are requesting an arrest warrant for is required.
- The applicant must be sworn in before the Gilmer County Magistrate Court that the facts given on the application are the truth.
A $20 application fee must be paid.
Due Process Requirements
An essential aspect of this procedure is the duty of the court to ensure that the accused has been given legal due process notice of this hearing. If the court finds that an insufficient address was provided, or the mailed notice was returned as undeliverable, the hearing would be canceled, and the case will be dismissed due to insufficient information on the application. The case may also be continued and placed on hold to allow time for the applicant to provide the court with a correct address. Once this address has been provided to the court, the case may be placed back on the calendar.