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  1. #1

    Unhappy Incident Occurred in One City but Different City Issued Warrant

    My question involves an arrest warrant from the State of: Georgia

    I still dont know what the charges are although i do know that there are a few of them with one being a felony.
    How can this happen? The incident occurred in one city but different city issued warrant. Those two cities are not connected in anyway size or form. How will this play out in court?

  2. #2
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    Default Re: Incident Occurred in One City but Different City Issued Warrant

    Quote Quoting optimistic2006@yahoo.com
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    My question involves an arrest warrant from the State of: Georgia

    I still dont know what the charges are although i do know that there are a few of them with one being a felony.
    How can this happen? The incident occurred in one city but different city issued warrant. Those two cities are not connected in anyway size or form. How will this play out in court?
    Could be sometimes when there is a jurisdictional conflict, it is worked out who prosecutes, OR, IF it can not be exactly ascertained in which jurisdiction it happened in, the jurisdiction will be where the crime "concluded".

  3. #3

    Unhappy Re: Incident Occurred in One City but Different City Issued Warrant

    Thank you for responding....

    Here is the thing...There should not be any conflict because the where the incident occured and the city that filed them are not connected by any means...i've stayed in that city for 8 years. Its a small town and i know a few of the officers who work for the force so that is how i KNOW that the city that filed the charges should not have been involved.
    What happens if it is determined that that city should not have been involved will the charges be thrown out and refiled or...pretty much of what I am asking are "what if" scenarios so that I can ask better questions later...

    thanks again for responding and i hope that you can answer these questions

  4. #4
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    Default Re: Incident Occurred in One City but Different City Issued Warrant

    The 6th AM, in part:


    Amendment VI

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law...

    If you committed a crime in A, then A should prosecute, not B, unless, as I stated, it was a "continuing" crime or such, and several jurisdictions were involved??

    I don't know why there is a conflict of jurisdictions here. If one charge is a felony, it may be best to hire an attorney, he can decide if the prosecutorial venue is correct. If not, he can move for dismissal, but that does not mean the charges can not be refiled in the proper one.

  5. #5
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    Default Re: Incident Occurred in One City but Different City Issued Warrant

    Let me give a more clear example.

    Say you live in A but send an illegal e-mail to a person who lives in B, then B can still prosecute even though you live in A. This is a general example of jurisdiction prosecution.

  6. #6

    Unhappy Re: Incident Occurred in One City but Different City Issued Warrant

    Ok that is completely understood. This occured at one location and one location only so, a "continuing" crime did not occur.

    I have one last question:
    Same incident but different matter..
    My wife had a restraining order on me and I went to her place. When i did i saw another man over there and i snapped..smashed windows at the house, ran my car into his. one charge is obvious but another is not....my children was in bed upstairs asleep when all of this happened, i heard something mentioned about child endangerment but when i pressed for more answers, was not given any...
    Why would i be charged with that if i did not touch them or my wife or the man involved

  7. #7
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    Default Re: Incident Occurred in One City but Different City Issued Warrant

    Quote Quoting optimistic2006@yahoo.com
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    Why would i be charged with that if i did not touch them or my wife or the man involved
    I don't know, sorry, unless the RO says you can not come within a certain geographical area of her or her residence??

    The best advice I can give is to hire an attorney before your court date, as this sounds legally complicated.

  8. #8

    Unhappy Re: Incident Occurred in One City but Different City Issued Warrant

    the ro does say that i must not be near her home...that rule was never adhered to because i we both we in each other's company all of the time...
    About a day or so after this incident, i checked myself into a mental health facility and stayed there for 3 months...will the judge bear that in mind?....

  9. #9
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    Default Re: Incident Occurred in One City but Different City Issued Warrant

    Quote Quoting optimistic2006@yahoo.com
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    About a day or so after this incident, i checked myself into a mental health facility and stayed there for 3 months...will the judge bear that in mind?....

    It possibly could be considered a degree of diminished capacity when the act was committed, yes!!

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