Is a judge likely to overturn an arrest warrant at the request of the “victim”?  – Georgia Criminal Law Questions and Answers


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criminal law

Is a judge likely to overturn an arrest?

My partner and I got into an argument about a month ago when he put his arm out and gave me a bloody black eye. I was shocked that it didn’t fit his character and worked with inveterate to get an arrest warrant. I genuinely believe it was an accident after I sat down and talked to my partner because he is not a violent person and harmlessly stretched out his arms to throw a soda bottle and didn’t notice me sitting down next to him. If I testify, is it likely that a judge will cancel the warrant and dismiss the potential case?

Attorney’s response

A: It is unlikely that this will happen. Originally, either you or something else must have led investigators to believe it wasn’t an accident, otherwise they would have had no probable reason to take the warrant to a judge for signature.

As this is a case of domestic violence at this point in time, it is up to the prosecutor to decide whether to continue or to drop the case. The judge has no authority to dismiss the case based on your testimony. Although your assertion that you believe there was an accident may be helpful in persuading the prosecutor not to pursue the case, the law allows him to pursue the case with or without your consent.

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