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Magistrates & Warrants 


Contact - David Love

Magistrates are a part of the judicial branch of government and are required to exercise independent judgment in the issuance of arrest warrants. The United States Supreme Court has determined that persons issuing warrants must be "neutral and detached" from the law enforcement function.

JURISDICTION OF THE MACON COUNTY WARRANT MAGISTRATE'S OFFICE IS AS FOLLOWS:

Misdemeanors - Offenses occurring outside Tuskegee City limits.
Felonies - Offenses that occur in Macon County. 
Traffic - Offenses that occur in Macon County.
(Most often a traffic citation given by a State Trooper or County Deputy)
Worthless Checks - All Checks received in Macon County


 HOW TO OBTAIN A WARRANT:

We have several employees in the office who have been appointed as magistrates. Prior to obtaining a warrant, you will need to file an incident/offense report with the Macon County Sheriff's Department (334)727-2500, or if the offense occurred in a municipality, the report needs to be filed with the police department there. For misdemeanor charges (occurring outside a municipality’s city limits) you will need to go directly to the Sheriffs Department and the investigator will come with you to get a warrant.  In the case of a felony offense, you will need to get in touch with the municipality having jurisdiction or Sheriff's Department and talk with an investigator. The officer/investigator will then come with you to the Clerks Office in order to obtain a warrant.

Note: Misdemeanor charges occurring inside the city limits of Tuskegee must be handled through their municipal court. We will only handle their misdemeanor cases through county court if a felony charge is also involved in the same incident or if it is an extraordinary circumstance.

The officer/investigator will accompany you to my office to see the Magistrate and you will be put under oath and fill out a deposition of the alleged crime, or the officer will have already completed the deposition. The magistrate will then make a determination as to whether there is probable cause for the issuance of a warrant. If probable cause is found, an arrest warrant is issued. There is no cost involved in this process. Please make careful consideration before you have someone arrested as we do not drop charges except in extenuating circumstances and you may be required to pay costs of court. An arrest warrant is NOT a matter of public record until it is served. If someone suspects that a warrant has been issued against them, they must appear in person at the Macon County Sheriff's Department.