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 LEE COUNTY WARRANT MAGISTRATE'S OFFICE IS AS FOLLOWS:

• Misdemeanors - Offenses occurring outside Opelika or Auburn City limits.
• Felonies - Offenses that occur in Lee County.
• Traffic - Offenses that occur in Lee County. (Most often a traffic citation given by a State Trooper or County Deputy)
• Worthless Checks - All Checks received in Lee 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 Lee County Sheriff's Department, or if the offense occurred in a municipality, the report needs to be filed with the police department there. For misdemeanor charges (occurring outside a municipality’s city limits) you will need to complete and bring the Deposition form and incident/offense report from the lee County Sheriff Department. 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 with you to the Clerk's Office in order to obtain a warrant.

Note: Misdemeanor charges occurring inside the city limits of Opelika or Auburn 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 it is an extraordinary circumstance.

The officer/investigator will accompany you to my office to see the Magistrate and you will be put under oath and fill out a deposition of the alleged crime, or the officer will have 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 costs of court. 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 must appear in person at the Lee County Sheriff's Department.

Misdemeanor Warrants Process

1. Complete an Incident/Offense Report with the Lee County Sheriff Department.

2. Complete the Deposition. All highlighted sections must be completed.

3. Then bring the completed Deposition, Incident/Offense Report and any pictures and videos related to the incident into our office, or you may email the completed documents, pictures and videos to leecountymagistrate@gmail.com.

For any questions please contact our office at (334)737-3526.