A Complete Guide to the Arrest Process in Georgia

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Author: Philip Kim, Founder, Philip Kim Law, P.C.

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

Published on August 16, 2023.


What Exactly Is an Arrest in Georgia?

An arrest is a legal process in which authorities take a person into custody. This is usually based on the belief that the person has committed a crime. It is a significant step in the criminal justice system. Arrests are intended to ensure public safety and maintain law and order. Additionally, it helps to bring those accused of committing crimes to justice.

It is reasonable if you feel burdened and anxious about an arrest. However, it is more important that you act fast and act accordingly.

Consider hiring a criminal defense attorney if you’ve been arrested or suspect you’ll be arrested. Your attorney will review your case and help you determine the best course of action.


Reasons People Are Arrested In Georgia


People can be arrested in Georgia for many reasons. The following are some of them:

  • A warrant for arrest is issued as a consequence of a criminal process.
  • An encounter with a police officer generates reasonable suspicion of criminal conduct.
  • A suspected individual voluntarily surrenders to law enforcement.

Can I Be Arrested Without a Warrant in Georgia?

The Fourth Amendment requires law enforcement officers to have a warrant to make an arrest. However, there are certain circumstances where an arrest can be made without a warrant in Georgia. Examples include the following:

  • Probable cause: Police officers can arrest without a warrant if they have reliable information that a crime was committed.

  • In-plain-view doctrine: Officers can arrest without a warrant if they notice illegal conduct or evidence. For instance, officers who witness a narcotics transaction can arrest the people involved without a warrant.

  • Exigent circumstances: Police can arrest without a warrant in an emergency to safeguard the public. Preventing fleeing suspects or preserving evidence are examples.

  • Consent: An officer may arrest someone without a warrant if they surrender.

What Are the Rights of an Individual During an Arrest in Georgia?

In Georgia, an individual’s rights during an arrest are protected by state and federal laws. Here are some of their fundamental rights:

  • You have the right to remain silent. It is your right to refuse to answer questions asked by the police. Any statement you make can be used against you in court, so hiring a criminal defense attorney is usually a good idea.

  • You have the right to have a lawyer present at custodial interrogations.

  • You have the right to know the charges against you. The police officer should explain the arrest and the charges.

  • Unless police have a warrant or reasonable cause, you have the right to refuse a search of your person, property, or vehicle.

  • If arrested, you have the right to medical care if injured.

  • Law enforcement officers are prohibited from using excessive force during an arrest, investigation, or other seizure.

How Long Will You Have to Wait for a Court Date After Being Arrested?

A person cannot be detained in Georgia without being charged with a crime. Georgia law requires a judge to determine probable cause within 72 hours of arrest. Further, OCGA Section 17-4-26 requires that a person apprehended without a warrant be brought before a court officer within 72 hours.

However, pre-charge detention can be extended under specific situations. For instance, weekend or holiday arrests may extend the 72-hour term. Arrests on warrants may also delay charges.


Can an Arrest Be Expaunged From a Person’s Record in Georgia?


Generally, arrest and court records in which the allegations were dropped are expungable. Expungement in Georgia is only available for specific convictions based on various factors, including the nature of the offense and previous convictions.

What Factors Determine Bail Amounts in Georgia?

Several factors are considered in Georgia when determining a defendant’s bail amount. The criteria may vary depending on the case’s circumstances and the judge’s discretion. Common factors that can influence the bail amount in Georgia include the following:

The Severity of the Offense

The nature of the alleged crime plays a significant role in determining the bail amount. More serious crimes that pose a higher risk to public safety may result in higher bail amounts.

Flight Risk

The likelihood that the defendant will flee is an important consideration. Factors such as employment status and family relationships determine flight risk. The higher the flight risk, the higher the bail. In some cases, bail may be denied.

Public Safety Risk

The potential danger the defendant may pose to the community is considered. If there is a belief that releasing the defendant could endanger others, the bail may be higher. In some cases, it may be denied altogether.

Criminal History

The defendant’s prior criminal record can impact the bail amount. Bail can be raised if there has been a history of repeat offenses or disregarding legal obligations.

Financial Resources

The defendant’s ability to pay the post-bail amount is considered. Judges decide the amount based on the defendant’s financial and employment circumstances. The amount should be reasonable and ensure that the defendant appears in court.

It’s important to note that the judge has discretion in weighing various elements when determining bail. As such, bail amounts can vary from case to case.

A criminal defense attorney in Georgia might be able to help if you or a loved one is facing an arrest. They can provide personalized guidance. They will also advocate for the most favorable bail conditions based on your circumstances.

Speak With A Criminal Defense Lawyer

We are aware that the tension of being arrested affects you. However, we want the arrest process to be quick and painless. Contact us immediately if you know of an arrest warrant or are charged with resisting arrest!

The lawyers at Philip Kim Law, P.C. understand the importance of addressing criminal charges with the utmost care and dedication. We are committed to providing exceptional legal services that prioritize honesty, tailored strategies, and responsive communication.

If you are arrested, your first move should be to talk to our defense lawyers, who are dedicated to protecting your rights and advocating for your best interests.

Our criminal lawyers in Lawrenceville have extensive experience with the arrest process. We have years of experience practicing criminal law and are familiar with every aspect of your case. Contact Philip Kim Law, P.C., immediately and book a free consultation.

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Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
Fax: (678) 273-3501
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