Warrant Magistrate's Office Hours
8:00 am – 4:30 pm
Office located on the 2nd Floor
District Court Division
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
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
District Attorney’s office on the second floor. No appointment is necessary.
After discussing the situation with the victim, the District Attorney will recommend
to the Magistrate the appropriate criminal charge. The victim will then be directed
to the Circuit Clerk’s office 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 issue 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, take it to the District Attorney’s office, then 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.