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 MONTGOMERY COUNTY WARRANT MAGISTRATE'S OFFICE IS AS FOLLOWS:Misdemeanors - Offenses occurring outside Montgomery City limits
Felonies - Offenses that occur outside Montgomery City limits
Traffic - Offenses that occur in Montgomery County
(Most often a traffic citation given by a State Trooper or County Deputy)
Worthless Checks - All Checks received in Montgomery 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 Montgomery County Sheriff's Department (334) 832-4980. 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 to the Clerk's Office in order to obtain a warrant.
Note: Misdemeanor charges occurring inside the city limits of Montgomery 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 you have an incident report from the sheriff's office.
The officer/investigator may accompany you to the Clerk's Office to see the Magistrate. Once you arrive, you will be put under oath and fill out a deposition of the alleged crime unless the officer has 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 court costs. 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 may contact the Montgomery County Sheriff's Department.