The Gwinnett County Magistrate Court holds several different types of hearings relevant to criminal matters: Warrant Application Hearings, First Appearance Hearings, Preliminary Hearings, and Child Abandonment Warrant Probable Cause Hearings. For more information about these hearings and where they fit in the grand scheme of a criminal case, click here.

Warrant Application Hearings

At a Warrant Application Hearing, a private citizen can ask the magistrate court judge to issue an arrest warrant for another person. The citizen must first apply, providing the details of the offense, including where and when it occurred. The incident must have happened in Gwinnett County to be heard by the Gwinnett County Magistrate Court. The judge will read a completed application and hear your sworn statement and, if they determine that there is probable cause for an arrest, schedule a hearing.

At this hearing, both parties have the opportunity to present evidence and cross examine witnesses. If the judge believes that probable cause exists after this hearing, they may issue a warrant. They can issue a warrant for anyone, including the applicant, the respondent, witnesses, or other individuals, whether or not they participated in the hearing. Click here to learn more about these types of hearings. The Gwinnett County Magistrate Court hears Warrant Applications weekly at the Gwinnett County Detention Center, located at 2900 University Parkway, Lawrenceville, GA 30046. 

First Appearance Hearings

It is important to remember that the judge will not consider the dismissal of charges at a First Appearance Hearing. It is not a trial. At a First Appearance Hearing, the magistrate court judge does several things:

• Informs the arrested person of the charges they are facing,
• Informs the arrested person of their rights, and
• Considers the issue of release.

Magistrate court judges are not authorized to set bond for certain serious charges. For those charges, bond must instead be set by a Superior Court judge. Read more about those charges here. 

For felony cases, the Gwinnett County Magistrate Court holds First Appearance Hearings several times every day, seven days a week. These take place at the Gwinnett County Detention Center. On Mondays through Wednesdays they are held at 1:30 p.m., and Thursdays through Sundays they are held at 8:30 a.m. To contact the on-duty Criminal Division Magistrate, call (770) 619-6700. 

At a First Appearance Hearing, individuals will also be notified of their right to an attorney and informed about how to apply for a public defender if they cannot afford a lawyer. 

Preliminary Hearings

At a Preliminary Hearing, the Magistrate Court judge determines whether they believe that there is probable cause to believe that the defendant being charged committed the offense for which they have been arrested. If the judge determines that probable cause exists, the case is then “bound over,” or transferred, to Superior Court. Once a case is bound over, the District Attorney’s office will determine whether the case warrants further prosecution.

You have the right to have an attorney present with you at a preliminary hearing. Witnesses testify before the judge, and your attorney gets the opportunity to cross examine them. This can be extremely helpful in later criminal court proceedings because it allows your attorney to learn more about what the State is alleging.

Witnesses also testify under oath at preliminary hearings. This is important because your lawyer can cross-examine them on these inconsistencies if their stories change at later proceedings. Learn more about what happens at a Preliminary Hearing here.

At preliminary hearings, Magistrate Court judges may also reconsider the issue of bond, which makes it all the more critical that you hire a Georgia Criminal Defense Lawyer who can make a compelling argument on your behalf. Questions about Preliminary Hearings? Call me today.

The Gwinnett County Magistrate Court holds Preliminary Hearings at the Gwinnett County Detention Center.

Child Abandonment Warrants

The Gwinnett County Magistrate Court also hears matters of Child Abandonment. A child is considered to be abandoned under Georgia law if its parent fails to provide food, clothing, or shelter for the child during a 30-day period. An individual can file an arrest warrant for Child Abandonment Warrant in the county where the child lives. This is the same procedure that is followed for a Warrant Application Hearing, discussed above. The applicant must provide the same information, including the first and last name, date of birth, and address of the individual who allegedly abandoned the child, as well as a sworn affidavit containing the allegation. The Magistrate Court judge reads this information and determines whether there is probable cause to believe that the respondent abandoned the child. If the judge finds that there is probable cause, the case is set down for a hearing.

Keep in mind that Magistrate Court judges cannot collect money or order child support. At these hearings, the judge is only deciding whether there is probable cause to believe a crime has occurred and whether an individual should be arrested as a result.