Do you know what happens when you are arrested in Georgia?
It all starts when the police know or have a reason to believe that you are guilty of some type of criminal activity.
The arrest process begins a complex series of actions within the criminal justice system.
There are a few different ways that someone may be taken into custody.
If you are arrested in Georgia, one of the first calls you should make is to Hines Law to talk to an experienced criminal defense lawyer.
It’s important that your experienced attorney starts building a strong defense strategy for your case as soon as you can.
Reasons People Are Arrested
There are a few reasons someone may be arrested. These include:
- A criminal investigation was conducted, and a warrant was issued for you to be arrested.
- An arrest warrant was issued for alleged or known crimes, such as parole or Georgia probation violations, failure to appear, etc.
- Someone interacts with law enforcement officers that produce proof of criminal conduct or reasonable suspicion of it.
- Someone who is wanted surrenders themselves voluntarily to authorities.
What’s the Difference in Being Detained and Being Arrested?
The difference between being detained and being arrested lies primarily in the legal context, the duration of the interaction, and the level of freedom a person has during each process.
Here’s an overview of the key differences:
1. Definition:
- Detained: When a person is detained, law enforcement temporarily restricts their freedom for questioning or investigation. The person is not yet formally accused of a crime but may be held for a short period, typically while police officers assess the situation or investigate further. Detention does not always lead to an arrest.
- Arrested: A legal arrest occurs when law enforcement formally charges someone with a crime based on probable cause. The person is taken into custody, and their freedom is permanently restricted until they are either released (e.g., through bail or bond) or brought before a court.
2. Duration:
- Detained: Detention is typically a brief period of time and can last for a few minutes to a few hours, depending on the circumstances. If police don’t have enough evidence to charge someone, they are usually released after a short period.
- Arrested: The arrest process is more formal and leads to a longer period of custody. Once arrested, the individual may be booked, placed in a holding cell, and required to appear in court.
3. Reason for Action:
- Detained: Law enforcement personnel may detain a person if they have a reasonable suspicion that the person is involved in a crime, but they may not have enough evidence for an arrest. This is common in situations where police are conducting an investigation or questioning a person in relation to a crime.
- Arrested: An arrest occurs when there is probable cause to believe the person has committed a crime. Probable cause means that the police have a reasonable belief that the person is involved in criminal activity, and they have sufficient evidence to make the arrest.
4. Rights:
- Detained: While detained, a person’s rights are more limited than if they were arrested. Police can question them but are not required to inform them of their rights unless they are about to be arrested or interrogated.
- Arrested: Part of the arrest procedure includes the reading of Miranda rights, which include the right to remain silent and the right to an attorney. This ensures that the person is aware of their rights during a formal arrest and interrogation.
5. Legal Outcome:
- Detained: Detention often does not result in any criminal charges. After being detained, a person may be released without any further legal action.
- Arrested: An arrest typically leads to criminal charges being filed, and the person will have to go through the legal process, which may include arraignment, trial, and potentially a conviction or acquittal.
Arrest to Sentencing: What to Expect
The Arrest
Before and during an arrest, you have set Constitutional Rights and protections.
One of the rights you should remember is that you don’t have to answer questions from the authorities.
The only exception to this in the state of Georgia is the requirement to provide authorities with proof of insurance, your license, and vehicle registration if you are pulled over in Atlanta or in an accident.
It’s a good idea to exercise your right to remain silent, as well.
If you are put under arrest, be sure to comply with the orders you are given.
Failure to do this may result in a charge of resisting arrest.
It’s required that laws and procedures be set during your arrest.
This includes having your Miranda Rights read, which is designed to inform you of your rights set by the Fifth Amendment.
You may wonder how much cooperation you should provide the authorities.
While it is important to comply physically (i.e., don’t resist being put in handcuffs or become belligerent).
Besides complying physically, the only information you are required to provide authorities is your name, address, and age.
The booking process after an arrest involves several steps that occur once a person is taken into police custody.
The legal process may vary slightly depending on the jurisdiction, but it typically follows a general pattern:
Transport to the Police Station
After an arrest, the individual is transported to a police station or detention facility for booking.
Identification
- Personal Information: The arrested person’s name, address, date of birth, and other personal information will be recorded.
- Photographing (Mugshot): A mugshot or booking photo will be taken.
- Fingerprinting: The person’s fingerprints will be taken for identification and to check criminal history.
Search
The arrested person will be searched to ensure they do not have any weapons, drugs, or contraband on them.
Medical Evaluation
In some cases, the individual may undergo a brief medical evaluation, especially if they were injured during the arrest or are showing signs of distress.
Charges Read
The officer will read the charges or inform the individual about the alleged offense for which they are being arrested.
6. Bail Hearing or Bond Information:
- If bail is applicable, it may be set during the booking process, or the individual may be informed of the amount later during a bail hearing (such as an arraignment).
- If no bail is set, the individual may be held in custody until their initial appearance hearing.
7. Detention:
After booking, the individual will be placed in a holding cell or jail until they are released on bail, bond, or until their first court appearance (such as an arraignment).
8. Processing the Charges:
The police will prepare and process the paperwork detailing the charges against the individual, which will be passed on to the prosecutor for review.
9. Release or Transfer to Court:
- If bail is set and paid, the individual can be release from jail.
- If the person cannot post bail, they may remain in custody until their court hearing.
- If the charges are serious or a warrant is involved, the person may be transferred to another facility for detention.
Once the booking process is completed, the individual will await their preliminary hearing date or further legal proceedings.
It’s important to note that the booking process at the police department can take several hours, depending on the workload and procedures of the specific law enforcement agency.
How Long Will You Have to Wait for a Court Date After Being Arrested?
The amount of time you have to wait for a court date after being arrested can vary depending on several factors, including the jurisdiction, the severity of the charges, and the court’s schedule.
However, in general:
- Arraignment: In most states, you are entitled to an arraignment within 48 to 72 hours after a legal arrest unless the arrest occurs just before the weekend or a holiday. An arraignment is when you are formally charged and informed of the charges against you.
- Pretrial Hearings: If your case proceeds, the next step would often involve pretrial hearings, which can take a few weeks to a few months to be scheduled, depending on court availability and the complexity of the case.
- Criminal Trial Date: The time from arrest to trial can vary greatly. Misdemeanor cases often proceed more quickly, while felony cases can take several months or even longer to go to trial. It also depends on the backlog of cases in the specific court system.
If you have been arrested, consulting with an experienced criminal defense attorney can help expedite the process and ensure you understand the timeline and the steps involved.
Potential Outcomes for Your Criminal Charges
As mentioned above, it’s in your best interest to hire a criminal defense attorney.
They can build a strong defense strategy for your case and help you achieve the best possible outcome for your situation.
Some of the potential outcomes for your criminal charges include:
- The charges are dropped
- Plea bargain
- Court trial or jury trial
Contact Our Legal Team for Help with Your Criminal Charges
If you are arrested and charged with a crime in Georgia, our legal team at Hines Law is ready to help.
We can review your case and provide you with a strong defense strategy for the charges you are facing.
An experienced defense lawyer from our law firm will review the charges and help you build the best possible defense for your case.
We will fight for your rights aggressively.
Our goal is to help you with the charges and ensure you understand the legal process.
Contact us today for a free consultation in Georgia.