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1. Berne, Stephen: What to do if you are arrested When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site. You can also be detained by storekeepers if they suspect you have stolen something. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested. WHAT RIGHTS DO I HAVE? Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that: * You have the right to remain silent. * Anything you say may be used against you. * You have a right to have a lawyer present while you arequestioned. * If you cannot afford a lawyer, one will be appointed for you. These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police. ONCE I AM TOLD MY RIGHTS, CAN I BE QUESTIONED? You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different. You may be required to give certain physical evidence. For example, if you are suspected of driving under the influence of alcohol you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver's license may be suspended and the refusal may be used against you in court. Once you are booked, meaning your arrest is written into official police records and you are fingerprinted and photographed, you have a right to make and complete three telephone calls that are free within the local dialing area. WHEN SHOULD I SEE A LAWYER? If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family or friends on the bail process. WHO CAN ARREST ME? All law enforcement officers - such as police officers, county sheriff officers, investigators in a district attorney's or an attorney general's offices and highway patrol officers - can arrest you whether they are on or off duty, in most cases. A probation or parole officer also can arrest you. They can arrest you - even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a felony, such as armed robbery. (A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you. If you commit an infraction, instead of taking you into custody, they may ask you to sign a citation or notice. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody. CAN SOMEONE OTHER THAN A POLICE OFFICER ARREST ME? Any person, such as a private security guard, can make a citizen's arrest if they see a misdemeanor being attempted or committed. (A misdemeanor is a criminal offense, usually punishable with a fine or short jail term.) They also can make a legal arrest for a felony as long as it actually was committed and they have good reason to believe you did it. They must take you to a police officer or judge who is required by law to take you into custody. WHEN IS AN ARREST WARRANT USED? Usually a warrant is required before you can be taken into custody in your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone's life or seriously damaging property. The warrant must be signed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed a crime. If your name is unknown, "John Doe" can be used on the warrant - along with your description. Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest. Before entering your home, a law enforcement officer must knock and identify himself or herself and tell you that you are going to be arrested. If you refuse to open the door - or if there is another good reason - the officer can break in through a door or window. If the police have an arrest warrant, you should be allowed to see it. If they don't have the warrant with them, you should be allowed to see it as soon as practical. The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car. Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appears you will use force to cause great bodily injury. WHEN CAN I BE RELEASED? If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not recorded as an arrest. WHAT IS BAIL AND HOW IS IT SET? The amount of bail - money or other security deposited with the court to insure that you will appear - is set by a schedule in each county. You may be notified that you can forfeit or give up bail instead of appearing in court if you receive a traffic citation. However, if you have any doubt, go to court so a warrant is not issued for your arrest for failing to appear. Bail forfeiture does not apply to misdemeanors or felonies. Forfeiting bail does not mean that the charges are dropped and usually works as a conviction for a traffic offense. Officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody. Depending on where you are arrested, you may have the opportunity to request a bail reduction through a bail commissioner. When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear (even for traffic tickets), any previous record, your connections to the community, as well as the probability that you will appear in court. The amount of bail is set according to a written schedule based on your charges. The law presumes you are guilty of the charges for purposes of setting bail or release. Instead of paying bail, you might be released on your own recognizance or "O.R." (or supervised O.R.). This means that you do not have to pay bail because the judge believes that you will show up for court appearances without bail. WHO MAINTAINS ARREST RECORDS AND WHAT DO THEY INCLUDE? Local police departments and the State Department of Justice keep arrest records. According to law, they cannot show them to anyone except law enforcement officers and may only show records of your convictions to certain licensing agencies which have a right by state law to investigate your criminal background. The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed. Both pleading guilty and being found guilty after a trial count as convictions. If you are convicted of committing a misdemeanor, placed on probation and stay out of trouble, you are able to have the conviction removed from your record for such purposes as employment background checks after probation is over. If you are convicted of certain felonies and you successfully complete probation, you can have the felony reduced to a misdemeanor on your record. You must contact the probation officer in either instance to clear your record. WHAT HAPPENS AT AN ARRAIGNMENT? You have a right to be arraigned without unnecessary delay - usually within two court days - after being arrested. You will appear before a municipal or a justice court judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on O.R., even if bail was previously set. If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest to the charges. Legally this is the same as a guilty plea, but it cannot be used against you in a non-criminal case, unless the charge can be punished as a felony. Before pleading guilty to some first-time offenses, such as drug use or possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling. If misdemeanor charges are not dropped, a trial will be held later in municipal court. If you are charged with a felony, however, and the charges are not dropped, the next step is a preliminary hearing. WHAT HAPPENS AT A PRELIMINARY HEARING? During the preliminary hearing, usually within 10 court days of the arraignment, the district attorney's office must present evidence showing a reasonable suspicion that a felony was committed and that you did it to convince the judge that you should be brought to trial. You may have a second arraignment. If the felony charges are not dropped at the preliminary hearing, you will be arraigned in superior court where your trial later will be held. If you are charged with a crime and unable to understand English, you have a right to an interpreter throughout the proceedings. WHEN CAN AN OFFICER CONDUCT A SEARCH? An officer always may only make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins. WHEN CAN AN OFFICER SEARCH YOU, YOUR HOME OR YOUR CAR WITHOUT A WARRANT? Body Searches. If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities. Home Searches. In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms - and even other parts of the same room - are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, that is in plain sight. Car Searches. Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason - such as a broken tail light - they can take any illegal goods in plain sight. If you, your home or your car are searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer, however, do not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, that does not always mean that your case will be dismissed. The purpose of this section is to provide general information on the law, which is subject to change. If you have a specific legal problem, you may want to consult a lawyer.
2. Gillen, Withers & Lake: Have you been stopped recently and searched by Georgia authorities along highways I-95 or I-16? Do you feel you were unfairly treated due to alleged "nervous behavior"? Were your possessions seized by state police? Were you falsely arrested and wrongly convicted as a result of this search and seizure, and made subject to asset forfeiture?
3. Kim, Judy: When a person is arrested for drunk driving, he/she will be brought back to the police station where he/she will have the choice of taking a breath test or blood test. If the test indicates that the driverÕs BAC is at or above 0.08%, then he/she will be booked on DUI charges. Once the driver has been book for DUI, he or she will be released from police custody, either on bail or on a written promise to appear in court at a later date. The first step in the DUI criminal process is the arraignment. At the arraignment, the driver enters a plea of Òguilty,Ó Ònot guilty,Ó or Òno contestÓ to the criminal offense of driving under the influence. If the driver pleas ÒguiltyÓ or Òno contestÓ to the DUI charges, then he/she will automatically be sentenced by the judge. However, if the driver pleas Ònot guilty,Ó then a court date will be set for criminal trial. In the event that a DUI case goes to trial, twelve jurors will be selected to hear the case and determine if the driver is guilty or not guilty of driving under the influence. ItÕs important to note that not all DUI cases end up going to trial. In fact, Atlanta DUI attorney Judy Kim helps her clients avoid trial by making plea bargains with the prosecution, and settling the case outside of court. Contact Atlanta DUI Attorney If you have been arrested and charged with DUI, itÕs important to hire an aggressive attorney to represent you in criminal court, and fight on behalf of your best interest.
4. Yager, Cory: Georgia POST Certified Police Officers are trained on the (NHTSA) Ð National Highway Traffic Safety Administration standardized field sobriety testing (SFST) evaluations. The three standardized field sobriety tests are: (1) The Horizontal Gaze Nystagmus, (2) The Walk and Turn, and (3) The One Leg Stand In addition to these Standardized Field Sobriety Evaluations, Police Officers also commonly use field sobriety tests that are not standardized: Alphabet Test In this evaluation, the officer will ask you to say the alphabet or some portion of the alphabet. Commonly the officer will ask you to refrain from singing the alphabet when saying it as well. There are a lot of factors that can effect your performance on this evaluation besides alcohol. Fatigue, stress, age, fear, and weather conditions can affect your performance. Additionally, there are no studies that link inability to say your alphabet with intoxication. Finger to Nose Test In this test, the Police Officer will ask you to extend your arms to the side forming a ÒTÓ. The officer will then ask you to touch the tip of your index finger to your nose as instructed and will alternate the hands with which he wants you to perform this task. Again as in the alphabet test other factors such as weather, fatigue, age, fear, and stress can cause poor performance on this test. Rhomberg Test As more and more Georgia Police Officer attend DRE training, the Rhomberg (or Modified Rhomberg) is becoming more popular. Again there has been no correlation between observations made by police officers using the Rhomberg Test and Impairment. In this test, the driver stands, feet together, and leans the head back to look up at the sky while holding their arms out to the side. The Police Officer then asks the driver to close his eyes and to estimate the passage of 30 seconds. Here the police officer looks for eyelid tremors, inability to estimate the passage of time, and swaying by the driver.
5. Zimmerman, Lawrence: If you have been accused of a crime you need to immediately find a criminal defense attorney. From the moment of your arrest, your future became very uncertain. Our team of criminal defense experts can help you to exert control over your future.
6. Grossman, Richard: Q: Do I need a lawyer? A: If you have been charged with a crime or a serious traffic offense, it is very likely that you do need a lawyer. An aggressive defense attorney will protect your rights and your freedom. He will have a clear understanding of the criminal justice system that a person accused of a crime will not posses. While it is true that in a small number of minor cases charges are dismissed without a defense attorney's participation, this is rare. If you go to court without a lawyer, the judge is likely to continue your case and order you to return with a lawyer, or worse yet, make an accused proceed with a public defender that will only have met you that day and who will have to divide his time amongst many other defendants. Q: What should I look for in a criminal defense attorney? A: Look for an attorney who has a great deal of experience in criminal law. Find out how many bench trials and jury trials he has litigated in the past few months. Ask if he has defended the type of charge you face. How many times. Ask him to outline possible defenses.
7. Sloniowski, Paul: The American legal system is complicated and intimidating. When you or a loved one is facing immigration status or criminal charges, or if you have been injured by the negligence of someone else, it is very important that you have the right person representing you.
8. Lopes Law Office: If you have been arrested for a criminal offense in the State of Georgia, it is important to understand that not all attorneys are the same. Your legal situation is completely different than most in the fact that it is not an amount of money that is on the line, but yourself, your future and in some cases, your livelihood. You may be put in jail or prison or have your professional license taken away. The outcome of any criminal case depends upon the facts surrounding the crime charged, the strength of the evidence, the legal validity of law enforcement actions and courtroom procedure, and the goals and strategy of the government and defense. Defending your criminal case in the strongest possible way is critical to both your freedom and your future.
9. Ryan Reavis: Criminal Law/Defense Criminal law refers generally to the rules that can subject a person to criminal punishment, such as imprisonment or fines. Criminal law typically is enforced by the government rather than a private party.
10. Conaway & Strickler: An arrest occurs when you are taken into custody in a manner prescribed by law. Arrests can be performed by police officers or civilians who, in certain situations, may make an arrest when the police cannot. Also, an arrest does not necessarily have to be announced.
11. Jonathan Adelman and James Neuberger: Being charged with the offense of DUI is a serious legal matter. In addition to your case in court, you will also have to deal with the administrative hearing that will determine the effect your DUI arrest will have on your driver's license.
12. Arora & LaScala: Depending on the facts of the case, certain motions may be filed, such as a motion to suppress illegally obtained tangible evidence, a motion to quash an indictment, and a motion for discovery to name a few. If any of these motions are successful, the prosecutor for the state may realize that he cannot successful prosecute the case and reduce or even dismiss the charges. If you are convicted of DUI or plead ÒguiltyÓ or Ònolo contendereÓ this will forever remain not only on your driving record, but also on your criminal history. These records will be reported to the Georgia Department of Public Safety, to the National DriverÕs License Registry, to the GBI and the FBI and are made available to driverÕs licensing agencies in every state. There is no way to ÒhideÓ a DUI conviction; it will follow you for the rest of your life. Georgia DUI Penalties If you are convicted of DUI, you could be subject to the following penalties under Georgia law. FIRST OFFENSE Jail time: 10 days to one year Fines ¥ At least $300, no more than $1,000 ¥ At least $200 for license reinstatement License suspension - up to one year Community Service - at least 40 hours Mandatory Risk Reduction School Mandatory Drug and Alcohol Evaluation 12-Month Probation SECOND OFFENSE WITHIN 10 YEARS OF FIRST OFFENSE Jail Time: 90 days to one year Fines ¥ At least $600 and up to $1,000 ¥ License reinstatement fee of $210 License suspension - of one year Community Service - at least 30 days Clinical evaluation (mandatory) - possibly completion of a substance abuse treatment program at your expense Mandatory Risk Reduction School THIRD OFFENSE WITHIN 10 YEARS OF SECOND OFFENSE Jail Time - at least 120 days Fine - of $1,000 minimum, up to $5,000 License revoked - for five years Community Service - at least 30 days Embarrassment - Your name, photo, and address published in local newspaper at your expense You will be declared a habitual violator Your license plate will be seized and sent to the Department of Motor Vehicle Safety Mandatory - Risk Reduction School Clinical evaluation - Plus a possible completion of substance abuse treatment program at your expense.