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Obtaining a Warrant

Obtaining a Warrant


 State law currently gives citizens the right to press charges against another individual if probable cause is determined.  However, the criminal offense must have taken place in the city limits of Albertville or within the police jurisdiction.

 

Municipal Court does not have jurisdiction over offenses involving a minor.  Once a police report is obtained, incidents involving a juvenile must be reported to the Juvenile Probation Office at the Marshall County Courthouse.

 

To pursue criminal charges with the Municipal Court, a police report must be filed with the Albertville Police Department.  The report must then be submitted to the Municipal Court office, where a magistrate will interview the victim and determine whether there is enough probable cause to issue an arrest warrant.  If the magistrate deems that there is sufficient cause to issue an arrest warrant, the victim must provide a written statement or deposition. The victim must then swear under oath that the information provided is true and correct.

 

If an arrest warrant is issued, the defendant will be arrested and placed in jail until he makes bond.  Once the defendant is released on bond, he will be given a court date where a plea will be entered and a trail date will be set if necessary.

 

Once a warrant is obtained, charges can not be dropped before court.

A court appearance is mandated.

 

 
 
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