Can I take out a warrant myself?

[JennyP410]

What is the name of your state? Georgia

Long story, but three years ago a tractor was stolen from our farm around the corner from our house. I saw it go by on the back of a rollback wrecker, so immediately followed it. After much wrangling throughout the day, the tractor was recovered, with a police escort, from where it was delivered (we payed to have it towed home).

They had a fake bill of sale that was even notarized, but the seller's name was invalid since we were the owners. The notary, the wrecker driver, and the purchaser are all known thieves. The theft occured in one county, it was recovered in the next county north of us.

No arrests have been made, even though it is clearly a case of theft. The person who "bought" it says he "bought" it, and it was recovered from his house, and everything is contained in the police reports. I saw him in the wrecker with the driver when I followed them. So the "purchaser" also went along to pick it up.

Can I take out a warrant on my own to have this person arrested? The police dept can't tell me why they have not made an arrest, but that seems to be all too common in our county.

[HomeGuru]

Originally Posted by JennyP410

What is the name of your state? Georgia

Long story, but three years ago a tractor was stolen from our farm around the corner from our house. I saw it go by on the back of a rollback wrecker, so immediately followed it. After much wrangling throughout the day, the tractor was recovered, with a police escort, from where it was delivered (we payed to have it towed home).

They had a fake bill of sale that was even notarized, but the seller's name was invalid since we were the owners. The notary, the wrecker driver, and the purchase are all known thiefs. The theft occured in one county, it was recovered in the next county north of us.

No arrests have been made, even though it is clearly a case of theft. The person who "bought" it says he "bought" it, and it was recovered from his house, and everything is contained in the police reports. I saw him in the wrecker with the driver when I followed them. So the "purchaser" went along to pick it up.

Can I take out a warrant on my own to have this person arrested? The police dept can't tell me why they have not made an arrest, but that seems to be all too common in our county.

**A: the answer is no.

[JennyP410]

That's what I thought. But a neighbor was saying that she took out warrants for two people that she caught on her property stealing a deer stand. She's 80+ yrs old, so maybe she has it confused.

[VeronicaLodge]

lol, im sorry, i thought your title said "can i take a warrant out ON myself" and i was like ... what???

[DRBrewer]

Provided that the statute of limitations has not ran out, you may go to your county's Justice Court Clerk and swear an affidavit on the person or persons involved. In most cases, they will assist you in preparing the charges according to state laws.

[The Occultist]

Originally Posted by DRBrewer

Provided that the statute of limitations has not ran out, you may go to your county's Justice Court Clerk and swear an affidavit on the person or persons involved. In most cases, they will assist you in preparing the charges according to state laws.

Your answer is partially correct, but glaringly incomplete. Only a judge may issue a warrant.

[JennyP410]

I spoke with the investigator again yesterday because I just wanted a straight answer. Apparently, they've closed the case due to lack of evidence. Because there was a bill of sale, they don't feel that they will ever convince our sorrya** DA that he is guilty enough to even get him true-billed.

It is very frustrating because it seems so obvious. But apparently, unless they could go and recover a piece of equipment right now from his house, they don't feel that there is any need in continuing. I feel like they are saying that it is my word against his, according to the evidence.

Few people in this county get what they deserve.

[DRBrewer]

Originally Posted by The Occultist

Your answer is partially correct, but glaringly incomplete. Only a judge may issue a warrant.

I stand corrected, only a judge may issue a warrant. However, if a person swears out an affidavit in the Justice Court Clerk's office, it is with almost certainty a Justice Court Judge will issue it. Once the judge signs it, the police (or it seems more likely a deputy in this matter since it is in the county) have a duty to serve the warrant(s) and arrest the person or persons involved. Although it is at the discretion of a Justice Court judge to dismiss all charges, he cannot however impose sentence (unless the defendent is allowed to plead to a misdemeanor) on a felony such as Grand Larceny (as this appears to be - depending on the value of the tractor) so therefore, if the judge finds enough evidence, the judge will almost certainly be bound over to a Grand Jury. Now, if the DA is either unwilling or too busy to present the case, YOU may present your case to the Grand Jury. A grand Jury need only hear your side and does not have to consider whether or not the parties are guilty beyond all reasonable doubt, they only consider whether or not there is sufficient evidence to warrant an indictment or "true bill" as we call it. Then on to circuit court which is a whole new ballgame... presto...delayed justice...

[seniorjudge]

Originally Posted by JennyP410

I spoke with the investigator again yesterday because I just wanted a straight answer. Apparently, they've closed the case due to lack of evidence. Because there was a bill of sale, they don't feel that they will ever convince our sorrya** DA that he is guilty enough to even get him true-billed.

It is very frustrating because it seems so obvious. But apparently, unless they could go and recover a piece of equipment right now from his house, they don't feel that there is any need in continuing. I feel like they are saying that it is my word against his, according to the evidence.

Few people in this county get what they deserve.

Jenny, obviously the case is not quite as strong as you think it is.

[JennyP410]

Actually, I've tried to be brief, but their is much more to the story.

The notary, the wrecker driver/service, and the "purchaser" call themselves S&S, for "spot and steal". It is common knowledge that they are crooked. They have a good system - they find what they want, make out a bill of sale, pick up the item in broad daylight, and then sell it and each takes their cut.

The notary lived within two miles of our home, and the other two live 30-40 miles away. The notary knew that a certain family used to live at this farm, because both our family and his are residents of the community for 50+ years. He used the known last name, then made up a first name, and used it as the seller. So the person doesn't exist that was listed as the seller.

The notary also admittedly took the money for the sale (according to the police report), which if I'm not mistaken, is unethical or illiegal for a notary on a bill of sale to do. And why wouldn't the seller, rather than the notary, have taken the money? Oh, he doesn't exist.

The wrecker driver frequently has items for sale at his shop which have had the serial numbers removed and/or have been spray painted. I may be wrong, but these sound like possibly stolen items.

The brother of the "purchaser", at around the same time that our tractor was taken, stole a tractor belonging to a magistrate judge in their county. It was only discovered that he was responsible a year later, when he made his wife mad, so she went to the police. The tractor was found several states away.

Now I realize that the above information is only circumstantial. But, the tractor was taken from our residence, recovered at his residence (hidden, of course), and the bill of sale is invalid because the seller is nonexistent.

Maybe I'm wrong, but it just seems black and white, especially given the nature of the three involved. I certainly mean no disrespect, and please understand that I am so frustrated because this is only one incident of many. A car was stolen from the property this time last year, a 120 yr old house (also on that property) was burned back in the summer, and just two weeks ago, we caught someone in the act of stealing the neighbor's dirt bike. They had also cut the lock and unchained their four-wheelers. The list goes on and on.

[JennyP410]

Quite a bombshell - there is a big trial going on right now involving five murders that took place where I live, all related to a major drug trafficking ring.

Apparently, yesterday, the brother of the "purchaser" testified for quite a while and is a confidential informant for the GBI and FBI! It all makes sense now...

Hmmmm