TOPIC TUESDAY

This week's topic is misdemeanor warrant affidavits. Misdemeanor warrant affidavits are used when an incident has occurred, but the suspect is unable to be located and/or there is not enough evidence to support an arrest onsite. For example, Sally accuses John of physically harming her, but she doesn't have any marks on her to corroborate her story. She can ask for an affidavit, fill it out and file it with the clerk to begin the process. This can be used for any misdemeanor charge that will be handled in district court. Theft, harassment, domestic battery - 3rd degree, unauthorized use of a vehicle, criminal trespass, criminal mischief (dependent on the value of the damage), and violation of an order of protection are just examples of charges that can be handled through a misdemeanor warrant affidavit.

To begin the process of a misdemeanor warrant affidavit, a sheriff's deputy will give a victim or plaintiff a signed affidavit stating that the deputy believes the incident constitutes an affidavit. The victim/plaintiff fills it out, but doesn't sign it, and takes it to the District Clerk's Office at 517 N. Jackson. The Clerk swears in the victim/plaintiff under oath. The clerk then sends the affidavit to the prosecutor's office. The prosecutor then reads over the affidavit and talks with deputies or the sheriff's office with any questions or concerns. Once the investigation is complete, the prosecutor approves or denies the affidavit. If it is approved, the affidavit moves onto the judge. If the judge approves it, he will issue a misdemeanor warrant. The defendant/suspect is arrested and given a court date to plead his/her case. If the affidavit is denied, it is usually because it is a civil matter or there is not enough information to move forward. Make sure you, whether you are the plaintiff or the defendant, have your witnesses, photographs or recordings and other evidence when you appear in court for the warrant to help your case.