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 CHEROKEE COUNTY WARRANT MAGISTRATE'S OFFICE IS AS FOLLOWS:

• Misdemeanors - Offenses occurring outside city limits of Roanoke and Wedowee.
• Felonies - Offenses that occur in Randolph County.
• Traffic - Offenses that occur in Randolph County and citation written by State Troopers, County Deputies and Wadley Police Department.
• Worthless Checks - All Checks received in Randolph 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 Randolph County Sheriff's Officer (256) 357-4545, 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 obtain a copy of the report from the Sheriff's 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. Since warrant matters are often complicated, feel free to call our office (256) 357-4551 and talk with one of our magistrates.

Bring your incident/offense report to the Magistrate and you will be put under oath and you will fill out a deposition of the alleged crime. 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 must appear in person at the Randolph County Sheriff's Department.