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THIS DOCUMENT, WHICH IS BASED ON GEORGIA LAW, IS INTENDED TO INFORM NOT
TO ADVISE. NO ONE SHOULD ATTEMPT TO APPLY OR INTERPRET ANY LAW
WITHOUT THE AID OF A LAWYER WHO KNOWS CRIMINAL LAW AND COURT RULES,
BECAUSE THE FACTS OF EACH INDIVIDUAL CASE ARE DIFFERENT AND MAY CHANGE
THE APPLICATION OF THE LAW.
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Your Rights if Arrested
WHAT IS AN ARREST?
You have been arrested when a policeman or citizen takes you into
custody or restrains you physically or verbally so that you may be
held to answer for a crime or an offense; you may be taken into
custody immediately or be given an appearance ticket similar to a
traffic ticket.
ARREST WARRANTS
A warrant for an arrest is a process issued by a court. It may be
executed on any day of the week and at any hour of the day or night.
The policeman must tell you that he is acting under the authority of a
warrant. He also must show you the warrant, if you ask, and give you
a chance to read it either at the time of the arrest, if it is in his
possession, or as soon as he obtains it.
If you refuse to let him in, a policeman with an arrest warrant may
break open a door or window to gain entrance, after he has given you
notice of his authority and purpose or without notice if he reasonable
believes that you will escape, destroy evidence or that notice will
endanger him.
ARREST WITHOUT A WARRANT
A policeman may arrest you without a warrant if:
(a) He has reason to believe that a crime, violation or offense is
being committed or attempted in his presence.
(b) He has reason to believe that you committed a crime although not
in his presence. Crimes include felonies and misdemeanors.
(c) He has reason to believe that you were lawfully arrested by a
private person.
When making an arrest without a warrant, a policeman must tell you the
reason for the arrest, unless you are in the act of committing the
crime or are being chased. In any arrest without a warrant, a police
office may chase you beyond his geographical area.
CITIZENS ARREST
A citizen may arrest you without a warrant if you have committed a
felony in fact or if you have committed a non-felony in his presence.
He must tell you the reason for the arrest unless that is impractical
to do.
You may sue a private individual for unlawful arrest if you did not
commit any crime, even if the individual had reasonable cause to
believe you had committed a crime.
You may use reasonable force to resist an unlawful arrest being made
by a private citizen.
If you are arrested by a private citizen you must be taken before a
judge or turned over to a policeman "without unnecessary delay."
USE OF FORCE
If you resist an arrest, the police officer may use all necessary
means to arrest you, including force.
QUESTIONING WITHOUT ARREST
The law permits a policeman to approach any person in a public place
to request information if he reasonable suspects that you are
committing, have committed or about to commit a crime. He may demand
to know your name, address and an explanation of your actions.
You are not required to answer; the right to remain silent is
guaranteed to you by the Federal and Georgia constitutions.
When you are lawfully arrested, your person may be searched. In
addition, the immediate area of the place of your arrest may be
searched.
If you are held for questioning by a policeman and he reasonably
suspects that he is in danger, he may search you for weapons or
instruments that could cause serious injury.
If he finds a dangerous weapon or instrument on you, he may keep it
until he finishes questioning you. If he does not arrest you, he must
give you back the weapon (provided you have a permit to carry it). If
the policeman, while searching you for dangerous weapons, finds
anything else on you which is a crime to possess, he may take it, and
arrest you for possessing it.
SEARCH WARRANTS
In all situations, the policeman needs a warrant to search you, except
where the search is incidental to a lawful arrest or under other
specific circumstances where the search may be justified by law.
A search warrant is an order in writing signed by a judge directing a
police officer to search a certain place and/or person for specified
property and to bring that property to court. The warrant must
describe the place and/or person to be searched and the property to be
searched for.
The policeman has to show the search warrant and give notice of his
authority or purpose before making entry and beginning to search.
however, the warrant may authorize the police to break in and search
without notice. A policeman can break in if you refuse to admit him
after being given notice.
Anything unlawfully taken by the police may not later be used as
evidence against you.
If you are taken into custody (this includes juveniles) you have the
following rights:
(a)You have a right to telephone your lawyer or to telephone your
friends or family in order to notify them of your arrest. (b) You
have a right to speak with your lawyer at the place where you are
being held.
(c) You have a right to remain silent. This means you can remain
completely silent or answer some questions and not others.
(d) Before the police question you for a felony they must tell you
(1) of your right to remain silent; (2) that any statement you make
may be used as evidence against you; (3) that you have a right to
first speak with a lawyer and, if you wish, to have a lawyer present
when you are being questioned. This does not apply to misdemeanors
like traffic violations. You still have these rights but he doesn't
have to tell you.
The police must also tell you that if you want to speak with a lawyer
before questioning and you cannot afford a lawyer, one will be
assigned without cost to you. The questioning must stop until you
have a lawyer.
If you agree to allow the police to question you and they being
questioning you, you may still change your mind and ask for a lawyer
before the police continue the questioning.
(e) You have a right to have your lawyer present if you are placed
in a police line-up.
ARREST RECORDS
When you are arrested for felonies or misdemeanors, a record is made
of your arrest. You will be fingerprinted and photographed. If you
are found not guilty or the case is dismissed, you may apply for
return of your fingerprints and photographs and the sealing of the
record of that case.
If personal property or money is taken from you, you must be given a
receipt showing the amount of money or the kind of property taken.
Once you are arrested and booked, you must be taken to court "without
unnecessary delay." If the court is not then open, you may be held in
custody until it is open.
RIGHT TO A LAWYER
Your right to have a lawyer is a fundamental one at every stage of a
criminal proceeding.
If you appear in a court without a lawyer, the judge must allow you a
"reasonable time" to find one before proceeding with the case, which
usually means a few days. In addition, the judge must tell you of
your right to use the telephone or to send a letter free of charge in
order to get a lawyer and to tell a relative or friend about your
arrest.
If you do not have a lawyer at the time of your first appearance
before the judge, you have the right to insist that the court assign
you an attorney if you cannot afford one. If you have waived your
right to counsel earlier and you now decide you want one, you may
exercise your right at this stage.
Depending on the local plan in effect for providing a lawyer in such
cases, you may get a private attorney, or you may be assigned someone
from a legal aid society. A public defender will be assigned if your
community has one.
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THIS DOCUMENT, WHICH IS BASED ON GEORGIA LAW, IS INTENDED TO INFORM NOT
TO ADVISE. NO ONE SHOULD ATTEMPT TO APPLY OR INTERPRET ANY LAW
WITHOUT THE AID OF A LAWYER WHO KNOWS CRIMINAL LAW AND COURT RULES,
BECAUSE THE FACTS OF EACH INDIVIDUAL CASE ARE DIFFERENT AND MAY CHANGE
THE APPLICATION OF THE LAW.
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