Warrant Magistrate's Office Hours
8:00 am – 4:00 pm
Office located on the 2nd Floor, Criminal Division
Telephone: 256-574-9320

Amendment Number Four in the Bill of Rights of the U.S. Constitution states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

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 to prosecute a criminal offense is in the county where the offense occurred (regardless of where the offender or the victim reside).

JURISDICTION OF JACKSON COUNTY WARRANT MAGISTRATES ARE AS FOLLOWS:

• Misdemeanors - Offenses occurring outside each municipality city limits in Jackson County. (For misdemeanor offenses within the city limits, jurisdiction is with the Municipal Court. )
• Felonies - Offenses that occur in Jackson County
• Traffic - Offenses that occur in Jackson County
• Worthless Checks - All checks received in Jackson County

REQUIREMENT FOR OBTAINING A WARRANT

A police or Sheriff report must first be made on all felony and misdemeanor offenses.

For misdemeanor offenses in Jackson County, the victim should come to the Jackson County Courthouse within 1 week of the offense. The first step is to go to the Sheriff’s Office on the first floor and make a Sheriff’s report. (If the report has already been made, you should obtain a copy of the report.) Then take the report to the Circuit Clerk’s office on the second floor. No appointment is necessary.

The victim will then be directed to fill out a deposition, describing the offense in the victim’s own words. The magistrate in the Clerk’s office will place the victim under oath to testify to the circumstances of the offense, as contained in the deposition. A probable cause determination will be made after testimony is taken. If probable cause is found, an arrest warrant will be issued. There is no cost involved in this process. However, anyone who brings criminal charges against another person must be prepared to appear in court and testify against the offender. The victim will be notified of the date they must appear in court.

All felony offenses will require an investigation by the police agency having jurisdiction prior to the issuance of a warrant. The investigator will initiate the warrant process when the time is appropriate. Sometimes the investigator will accompany the victim to the Circuit Clerk’s office. If the victim is instructed to obtain the warrant, unaccompanied by the investigator, the victim should obtain a copy of the police or Sheriff report and proceed as directed above for misdemeanor offenses.

An arrest warrant is NOT a matter of public record until it is served. If someone suspects that a warrant has been issued against him, he must appear in person at the Jackson County Sheriff's Department, Jackson County Courthouse.