No one wants to end up in handcuffs. The police are charged with keeping the public safe, but the truth is that not every arrest is fair and not everyone taken to jail is a criminal. If you find yourself being arrested, you may be frightened, worried, and unsure of what to do next.
The process of being arrested – and questioned and processed afterward – can be intimidating. But it’s a lot less scary if you know what to expect. If you need assistance with any criminal matter, visit the website https://policydevelopment.org/ for information.
Here is what you should know about being arrested in the state of Georgia.
- Police do not always need a warrant to arrest you. In order to enter your home, the police generally need a warrant signed by a judge and naming or describing you specifically. If the warrant has been issued, the individual officers arresting you need not have it on them. If the officers believe there is some immediate danger of you escaping, hurting someone, or destroying evidence they may be able to arrest you in your home without a warrant, even breaking in if need be. Outside your home, no warrant is needed – the police may arrest you on suspicion of a crime.
- Your rights. The arresting officer should read you your rights. If they do not, this means certain evidence they gather after arresting you can’t be used in your trial – but it doesn’t mean a free pass. You will still have to go to trial and some evidence may still be used.
- Talking without a lawyer. One of the rights you are guaranteed is that you may remain silent. You do not have to answer any question the police ask you, even if they pressure you. They may try to act friendly or tempt you into answering it. In many cases it is best to simply ask for a lawyer and say nothing else.
- Blood/breath tests. Certain evidence may be collected without your permission. In particular, the state may require a blood or breath test from you if you are suspected of driving uner the influence. If you refuse to submit to the test your license will be automatically revoked – even if you are later acquitted. The refusal to test will itself be used against you in court. It’s best to cooperate with this test in most cases.
- Bail. Bail is an amount of money that you may deposit with the court in order to be set free until your court date. You will get the money back after you appear in court, regardless of the trial outcome. It acts as insurance that you will not run. You can receive loans (bonds) for the bail if you cannot afford it.
The most important rule after being arrested is to talk to a lawyer as soon as possible. A resource for criminal defense attorneys and those interested in learning more about the law, current legal challenges, and how to deal with them is the website http://lawyernewsblog.com/. The website offers a huge library of publications on a range of subjects, as well as case studies that examine how significant choices are made in our legal system.