Know Your Rights: What to Do If You’re Arrested in Georgia
Being placed under arrest is one of the most stressful experiences a person can go through. Whether you’re innocent or not, how you handle the situation can have a significant impact on your case and your future. At The Spizman Firm, our Atlanta Criminal Defense Attorneys believe every person should understand their legal rights and how to assert them during an arrest in Georgia.
You Have the Right to Remain Silent
This is one of the most important protections guaranteed under the U.S. Constitution. If you are arrested, you are not required to answer questions from law enforcement beyond providing basic identification. Politely inform the officer that you are exercising your right to remain silent and would like to speak to an attorney.
It’s crucial to understand that anything you say can be used against you in court. Even seemingly harmless statements can later be interpreted as evidence.
You Have the Right to an Attorney
Upon arrest, you have the right to legal counsel. If you cannot afford an attorney, one will be appointed to you. However, you are not required to wait until you’re in court to request a lawyer. You can and should ask for an attorney as soon as you’re taken into custody.
Once you request an attorney, officers are legally obligated to stop questioning you. Do not continue the conversation, even if the officers try to persuade you otherwise.
You Have the Right to Be Free from Unlawful Searches
The Fourth Amendment protects you from unreasonable searches and seizures. Police typically need a warrant, your consent, or a legally recognized exception (such as evidence in plain view or a search incident to arrest) to search your belongings, home, or vehicle.
If you’re asked for permission to search, you can legally refuse. This refusal cannot be held against you in court, and it may help preserve a defense later.
What Happens After the Arrest
After being arrested in Georgia, you will usually be taken to jail for booking, which involves fingerprinting, photographing, and entering your information into the system. Depending on the charges, you may be eligible for bond or bail.
You’ll be scheduled for an initial court appearance, usually within 48 to 72 hours, where charges will be formally presented. This is where having a defense attorney already involved can make a critical difference.
Don’t Resist Arrest Even if You Believe It’s Unjust
Even if you believe your arrest is illegal or unfair, it’s important not to resist. Resisting arrest, even verbally, can lead to additional charges. The best time to fight the legality of your arrest is in court, not on the street.
Reach Out to Our Office Today
Understanding your rights during an arrest is the first step in protecting your future. The Spizman Firm is committed to defending the rights of individuals throughout the arrest and criminal process. If you or a loved one has been arrested in Georgia, we are here to help you navigate the system and fight for your best possible outcome. We proudly serve communities across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.
