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.
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."
Warrant Magistrate's Office
Office located on the:
2nd Floor, Room 217
Hours 8:30 am - 12:00 noon
1:00 pm - 5:00 pm
- Misdemeanors - Offenses occurring outside each municipality city limits.
- Felonies - Offenses that occur in Madison County
- Traffic - Offenses that occur in Madison County
- Worthless Checks - All checks received in Madison County
A police report must first be made on all felony and misdemeanor offenses. All felony offenses will require an investigation by the police agency having jurisdiction. No appointment is necessary, however the victim must come to the office after 1:00pm the following day to request a warrant. The victim must fill out a deposition before being put under oath to testify to the circumstances of the offense. 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.
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 Madison County Sheriff's Annex, 705 Wheeler Avenue.