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 our legal team. It’s important to start building a defense 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?
When you are detained, even if you are handcuffed, it isn’t the same thing as being arrested. When you are detained, it is just “brief and cursory.” During this period, you are held while the authorities sort out your situation. When an officer detains you, they will likely take notes or even a report that includes all your personal information, as well as a description of the situation you are in. If you are detained, it doesn’t mean you will have an arrest record created.
If you are in a situation where you are detained, then there are a few outcomes that typically occur. These include:
- The police let you know that you are free to go. At this point, the entire situation has ended.
- You receive a citation (ticket) from the police that may require you to go to court; however, in other cases, it will just require that you pay a fine.
- You are arrested by the police. If this happens, the authorities will take you to jail for booking.
Arrest to Sentencing: What to Expect
Here you can learn more about the details of every stage from being arrested to when you are sentenced for a crime.
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 set laws and procedures are followed 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
When you are arrested, the authorities will take you to jail to be booked. Once you are booked, you can make a phone call to family, a friend, or a bail bondsman. You will have to remain in custody until a judge releases you or until you can post bail.
The Bond Hearing
Your bond hearing will be your initial appearance before a magistrate court. The goal of this is to determine if you can be released from custody and the terms of your release. Usually, this is when the bail amount is set. If you are facing felony charges, you may be ordered to limit your travel or surrender your passport. It’s a good idea to hire a lawyer as they can help in several ways.
How Long Will You Have to Wait for a Court Date After Being Arrested?
If you are charged with a misdemeanor, you should receive a trial date within 30 days after you entered a plea or when you were arraigned, whichever will be later. If you aren’t in custody, then you should have a trial set within 45 days after your plea or arraignment.
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 defense 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 bargaining and negotiated deals
- 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 help ensure you get the best outcome for the situation.
Our attorney 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.