MAGISTRATE COURT OF GWINNETT COUNTY -- GEORGIA CASE NO:_________________ IN RE: CIVILIAN -- CRIMINAL ARREST WARRANT APPLICATION HEARING: O.C.G.A. 17-4-40; FURTHER NOTICES ON REVERSE SIDE - Hearings beginning 10-9-06 Name of Accused Address City, State & Zip Wk#: Hm#: Interpreter needed: ____________________ You are hereby notified that _________________________________________, Applicant, has made an 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 clerk’s office.) No arrest warrant has been issued at this time. Pursuant to O.C.G.A. 17-4-40, on Wednesday, ___________________________, at 6:30 PM, in Courtroom 1/(Abandonment cases to Courtroom 4) a warrant application hearing on this matter will be held in the Criminal Division Annex, Gwinnett Magistrate Court, Gwinnett Pre-Trial Detention Center (Jail), 2900 University Parkway, Lawrenceville, GA 30043, 770-619-6720. This arrest warrant application hearing will be heard by a magistrate judge. RIGHTS OF THE APPLICANT & ACCUSED: At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply. The person seeking the warrant shall have the customary rights of presentation of evidence and cross-examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest. The judge or other officer shall have the right to limit the presentation of evidence and the cross-examination of witnesses to the issue of probable cause. At the warrant application hearing, a determination shall be made whether or not probable cause exists for the issuance of a warrant for the arrest of the person whose arrest is sought. If the judge or other officer finds that probable cause exists, the warrant may issue immediately. (See Reverse Side for Additional Rights.) FAILURE OF ACCUSED TO ATTEND: If the person whose arrest is sought does not appear for the warrant application hearing, the judge or other officer shall proceed to hear the application and shall note on the warrant application that such person is not present. Alternatively, the judge may immediately assign this case to a law enforcement officer for further investigation or law enforcement warrant application. A law enforcement officer may proceed with an arrest warrant application without any further notice to the Accused. SUBPOENA(S): All parties have the right to subpoena witnesses and/or the production of documents. Subpoenas are issued by the clerk’s office during normal business hours. RIGHT TO COUNSEL: All persons may be represented by counsel. (See reverse side.) Accused unable to afford counsel may apply for court appointed counsel. This must be in writing & under oath. Forms are at the Magistrate Court or website, www.gwinnettcourts.com . You must immediately appear before a magistrate court judge to apply for appointed counsel. Hearings will not be continued for the failure to timely apply for appointed counsel or hire counsel So ordered this _______ day of ___________________________, 20 ________. Printed Name of Magistrate: Signature: Certificate of Service: A copy of this document was served upon the parties as follows: Accused [ ] hand delivery [ ] 1st class mail [ ] telephone call to: _______________ Applicant [ ] hand delivery [ ] 1st class mail Date By: Date By: Q:\Magforms\civilianwarranthearing Mag. 20-04. Oct 2006 American LegalNet, Inc. www.FormsWorkflow.com RIGHT TO COUNSEL --WAIVER OF COUNSEL SHOULD YOU HIRE AN ATTORNEY OR APPLY FOR APPOINTED COUNSEL You 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 those defenses 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 guidelines for appointed counsel, that this Court will appoint an attorney to represent you if you wish. This attorney 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 the presentation of your case? Do you understand that your failure to raise or challenge issues before this court will hurt or even foreclose 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 appointed counsel. CASES WILL NOT BE CONTINUED BECAUSE OF A FAILURE TO TIMELY HIRE AN ATTORNEY OR A FAILURE TO TIMELY APPLY FOR APPOINTED COUNSEL. ADDITIONAL RIGHTS OF PERSONS ACCUSED OF CRIMES 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. Q:\Magforms\civilianwarranthearing Mag. 20-04. Oct 2006 American LegalNet, Inc. www.FormsWorkflow.com