I was mailed a notice of application for a criminal warrant. Is this proper service?

The short answer is yes.

In Georgia, anyone can ask a judge to issue a warrant for someone's arrest. The applicant needs to show the judge that there is probable cause to believe that the defendant committed a crime.

When law enforcement officers do this, they can just tell the judge or sign an affidavit. When anyone else applies for a warrant, the court will schedule a hearing and mail out notice.

A common misconception is that mailed notice is not good notice. While this is true for a civil complaint in most cases, it is not true for a criminal warrant application. For the notice to be proper, it must only be reasonably calculated to let you know that this hearing has been scheduled.

I often see warrants issued because the defendant never showed up to the hearing. Usually it's because the notice was mailed to the wrong address. It's critical to defend yourself in these hearings--and if a warrant was already issued, attack it before you're arrested.

If you're defendant against a warrant application, or a warrant was already issued, call me at 404-909-7795.