What should I do if I find out there’s a warrant for my arrest?

Answer:
Reach out to a lawyer as quickly as possible. The critical thing most people don’t realize is that once a judge has already signed a warrant, there’s no way to undo that without going to jail first to be booked and fingerprinted before eventual release. If a warrant is already signed, you’re going to jail — that’s simply the reality. However, if you’re unsure whether a warrant has actually been signed, or think you might be under investigation, that’s a different and more workable situation. In that case, it’s critical to call us right away, as we can sometimes reach out to the investigating officers and potentially prevent a warrant from being signed at all, avoiding a jail visit and mugshot altogether. If you’re in the North Georgia area, give us a call.

Confirm Whether a Warrant Has Actually Been Signed

Rumor and reality are two very different things at this stage, and the difference determines everything about what happens next. A warrant that has been applied for is not the same as a warrant a judge has signed, and an investigation that has your name in it may never produce a warrant at all. Calling the police department yourself to ask is the worst way to find out — you announce your location, you invite questions you have no obligation to answer, and you may prompt action on a file that was sitting idle. An attorney can make that inquiry on your behalf without exposing you.

Georgia’s Warrant Application Hearing Is a Real Opportunity

When someone other than a police officer applies for an arrest warrant against you — a neighbor, a former partner, a business associate — O.C.G.A. § 17-4-40(b) generally requires the court to hold a warrant application hearing before the warrant issues, and to attempt to notify you of the date, time, and location. That notice is your chance to appear with counsel and contest probable cause before you are ever arrested. The statute carves out exceptions where a judge may issue immediately, including when there is an ongoing threat to someone’s safety or reason to believe you will evade arrest, but in ordinary civilian applications the hearing is the rule. If you receive that notice, it is not something to ignore or attend alone.

Once a Judge Signs, Booking Cannot Be Negotiated Away

After a warrant is signed, no amount of explanation resolves it from the outside. The warrant commands your arrest, and clearing it requires being taken into custody, booked, and fingerprinted before any release can happen. What an attorney can still change is how that unfolds — coordinating a voluntary surrender at a scheduled time rather than an arrest at your workplace or in front of your family, and working on bond so the time between booking and release is as short as possible.

The Clock That Starts the Moment You’re Arrested

Georgia sets firm outer limits on how long you can be held before seeing a judge. If you are arrested on a warrant, O.C.G.A. § 17-4-26 requires that you be brought before a committing judicial officer within 72 hours. If the arrest happened without a warrant, O.C.G.A. § 17-4-62 shortens that to 48 hours. The same statute requires that you be notified of when and where your commitment hearing will be held, and provides that a person who is not given that notice shall be released. These deadlines are frequently missed, and having a lawyer already tracking your case is what turns a missed deadline into an argument rather than an inconvenience nobody notices.

Say Nothing to Investigators Before You Have a Lawyer

The window between learning about a warrant and being arrested is when people do the most damage to their own cases. Officers may call, text, or come to your door asking you to come in and clear things up, and that conversation is not a path to resolution — it is evidence gathering. You are under no obligation to return those calls or answer those questions. Every explanation offered without counsel present becomes part of the file the prosecutor later builds on.

What to Do If You’re at Risk

If you’re in the North Georgia area, give us a call.

Brett Willis Law LLC - Courtroom

5 Star Rating

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!

Donna R.

Harvard Law School

Harvard Law School Trial Advocacy Instructor

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Brett M. Willis Avvo Rating 10.0 Top Attorney

Avvo Rating 10

Harvard Law School

Harvard Law School Trial Advocacy Instructor

Justia Rating

Justia 10.0 Lawyer Rating

Daily Report

10 Lawyers You Need to Know

Top 100 National Trial Lawyers

Top 100 National Trial Lawyers


Brett M. Willis Avvo Rating 10.0 Top Attorney

Avvo Rating 10

National Criminal Defense College

Faculty

Bill Daniel Trial Advocacy Program

Faculty, Bill Daniel Trial Advocacy Program

SuperLawers

Rated by SuperLawers