Although getting arrested can be a frightening event, you can defend yourself legally and keep yourself safe by being aware of your rights and how to respond. These are the main rights and procedures you should be aware of and adhere to if you are arrested in Georgia.
Remain Calm and Comply Physically
Keeping your cool is the first step. Avoid arguing with officers or fighting arrest as this may result in further penalties, including resisting arrest. Keep your hands visible at all times and obey physical demands, such as putting on handcuffs. Steer clear of any abrupt movements that might be taken as a danger.
Exercise Your Right to Remain Silent
When you are arrested, you have the constitutional right to silence. Only the most basic identifying details, including your name, residence, and age, are needed.
You should expressly say, “I am exercising my right to remain silent and request an attorney,” if you want to keep quiet. Keep in mind that everything you say could be used against you in court, so you need to be careful what you say.
Know Your Miranda Rights
Police must advise you of your Miranda rights when you are detained. These rights include the right to counsel and the right to silence. It’s crucial to remind the officer that you are asking for an attorney right away if you haven’t been told your rights.
Identification and Personal Information
You must give your name, address, and age if prompted. You can be asked to provide documentation of your insurance, a current driver’s license, and your car registration if you are pulled over while operating a motor vehicle. However, unless mandated by law, you are not forced to disclose additional information.
Booking Process
You will be brought to the police station for booking following an arrest. Usually, this procedure include having your fingerprints taken, having a mugshot taken, and being told of the allegations against you. Depending on the circumstances, you can also be subject to a search and medical examination.
Right to a Phone Call
You have the right to call after being arrested. This is an important call, and the attorney-client privilege prevents police officers from overhearing your communications with your lawyer. You can use this call to ask for legal advice or to let someone know that you were arrested.
Right to Bail Hearing
Within 48 hours of your arrest, you are entitled to a bond hearing in Georgia. Your eligibility for bail or incarceration until your trial will be decided during this hearing.
Refuse Searches Without Consent or Warrant
Unless the cops have a warrant, probable cause, or need to do a pat-down for weapons, you have the right to object to searches of your property. Being aware that police cannot search you or your property without a valid reason is crucial, as is asserting your right to privacy.
If You Believe You Were Wrongfully Arrested
Remain composed and seek legal counsel if you think your arrest was unjustified. Wait until you have spoken with an attorney before responding to any queries.
Keep track of the cops’ information and that of any witnesses to the incident; you never know when you might need it. Your lawyer can advise you on the best way to pursue remedy, and you can formally complain to internal affairs or oversight boards.
Important Legal Update: Citizen s Arrest Law
With a few exceptions, such when store staff detain shoplifters, Georgia has repealed the majority of its citizen arrest legislation.
A lot of things that were once categorized as citizen arrests are now categorized as false incarceration. This amendment is significant because it has an impact on the legal detention of others by private individuals.
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