Arrests Defense
Protecting your rights during arrest in Georgia. Being arrested is terrifying, but you still have rights that must be protected throughout the process.
Understanding Arrests in Georgia
Being arrested in Georgia is a terrifying thing, whether it is for a minor shoplifting incident or for murder.
Most times, you are arrested on the spot, where the crime allegedly happened. Sometimes, the arrest comes after the crime has occurred. Other times, you know a criminal investigation is active, like in most white-collar criminal situations, and are arrested only after a grand jury indictment.
In any of these situations, an arrest must be conducted within the limits of the law. It's also important to keep in mind that just because you are arrested for a crime you may or may not have committed, you still have rights.
At Johnson Law Firm, our criminal defense lawyer is committed to our clients. We review all cases thoroughly and uphold our clients' rights and interests. If you have been arrested or think you might be under investigation for a crime, contact us at (706) 230-5944 to schedule a consultation and get your defense started without delay.
Your Rights When Arrested in North Georgia
Whether you are arrested in North Georgia or anywhere else in Georgia, you have rights.
You have the right to:
Important: Keep in mind that if you do not retain a lawyer who can help you fight criminal allegations, and you are subsequently convicted, you may lose some of your rights as provided by the U.S. Constitution. Namely, if you are convicted of a felony, you can lose the right to vote or to own and use a firearm.
Police Procedures for Arrests in North Georgia
Understanding what police can and cannot do during an arrest
During an arrest, police officers detain a person in police custody, often because they are suspected of committing a crime. Arresting someone is a serious matter that involves depriving a person of their freedom of movement. For this reason, police must follow certain procedures when effecting an arrest.
Handcuffs and Physical Detention
It is often assumed that police must put a person in handcuffs or into a police vehicle to arrest them, however, this is not the case. Police may choose to do so depending on the circumstances, but they are not legally required to handcuff or physically detain someone to effect an arrest.
Miranda Rights
Police are also not legally required to read someone their Miranda rights ("you have the right to remain silent, anything you do say...") at the time of their arrest. These rights must be explained before police can interrogate someone. In practice, however, police often read a person their Miranda rights at the time of their arrest.
Procedural Requirements
The specific procedural requirements for arrest vary between states. Individual police departments also often have additional arrest procedures. Our experienced attorneys know what procedures must be followed and can identify violations of your rights.
When Can a Law Enforcement Agent Make an Arrest in Georgia
Police cannot arrest someone just because "they look suspicious" or the police officer "has a hunch" about something.
A police officer in North Georgia or anywhere else in Georgia can arrest someone in any of the three below situations:
Arrest Warrant
The officer has an arrest warrant issued by a judge. This is the most formal method of arrest and requires judicial approval.
Witness to Crime
The officer saw someone commit a crime. This allows for immediate arrest without a warrant when the officer has direct knowledge of the criminal activity.
Probable Cause
The officer has probable cause to believe someone committed or is about to commit a crime. Probable cause means that actual information exists leading the police officer to believe the person has committed or is about to commit a crime. In other words, the police officer holds more than mere suspicion, but not enough to establish beyond a reasonable doubt, that the person committed or will soon commit a crime.
Arrests and the Use of Excessive Force in Georgia
Understanding your rights when police use excessive force during arrest
The issue of excessive force often arises in the context of an arrest. Under the Fourth and Eighth Amendments of the U.S. Constitution, police must only use the minimum force reasonably necessary to effect an arrest. They cannot use excessive force.
Factors Considered
When reviewing whether the force used was reasonable, a court will consider factors including but not limited to:
- The seriousness of the crime the person was suspected of committing
- Whether the suspect was a threat
- Whether the suspect attempted to escape arrest
Legal Remedies
If excessive force is used during an arrest, the suspect may have a basis for a civil case against the officer for violating their constitutional rights. A person subject to excessive force can also file a formal complaint with the relevant police department, which may consider disciplinary action, or the Department of Justice, which may consider criminal charges depending on the circumstances and results of any investigation.
Why You Need a Criminal Defense Lawyer if Arrested in Georgia
If the police arrest you, you should immediately ask to speak to a criminal defense lawyer.
You have the right to do so and they are best placed to advise you of the law and the options available to you in your circumstances.
Protect Your Rights and Freedoms
You need a good defense to protect your right and freedoms. The U.S. Constitution grants you the right to a criminal defense lawyer or – if you cannot afford one – a public defense attorney.
Even the Playing Field
A criminal defense lawyer allows you access to knowledge and a defense strategy you deserve. The state has the experience, time, and money on its side. It uses this to collect evidence and build a case against you. Plus, they are not afraid to use intimidation tactics to get what they want.
Build a Strong Defense Strategy
An attorney listens to your side of the story, investigates the facts, applies the facts to the law, and strategizes. Sometimes a clear defense is available, other times, it is more about creating reasonable doubt because the prosecutor has the burden to prove your guilt beyond a reasonable doubt.
Identify Constitutional Violations
Sometimes, law enforcement overreaches. A smart criminal defense attorney knows what to look for when a police officer may not have carried out an arrest properly. Violations of your constitutional rights can result in the exclusion of any evidence obtained from that violation, which is often referred to as the fruit of the poisonous tree.
Navigate Complex Legal System
The laws and procedures related to criminal law and criminal defense are complicated. You cannot do it alone unless you have knowledge of it, and if you try to do it on your own, you may end up in a worse place than you would have been. For example, if you are offered a plea agreement, the State will draft terms and conditions most favorable to them, and you may agree without a fight in fear it is your only option. But a criminal defense attorney is skilled in negotiation and knows how to argue a better plea agreement.
Ready to Fight for Your Rights After Arrest?
Don't let an arrest define your future. Our experienced team is here to provide the aggressive, effective representation you need to protect your rights and fight for the best possible outcome.