Criminal Suspect Right in Georgia | Savannah Lawyer

by admin on December 14, 2009

Suspect Right in Georgia

Savannah GA Criminal Defense Attorney

The arrest of a suspect is the beginning of a criminal prosecution. A police officer may arrest you if (1) the officer observes you committing a crime; (2) the officer has probable cause to believe that a crime has been committed by you; or (3) the officer makes the arrest under the authority of a valid arrest warrant. After the arrest, you will be booked by the police. When the police complete the booking process, you will be placed in custody. You may be in custody without being arrested. You are considered “in custody” when you have been stopped by police and you do not feel that you are free to leave. The police must give you the Miranda warnings when you are in custody and when you are subject to police interrogation.

If an arrest warrant was required and was not obtained before the arrest, or if the arrest warrant was issued without a showing of probable cause, you can contest the validity of the arrest but you will not be set free because your was illegal. You can however seek exclusion from the trial any evidence found during a search incident to the arrest or any statements made to police after being arrested.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney

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