Criminal Proceedings: Arrest to Bail
A police officer has the right to use reasonable force while making a lawful arrest. He is not allowed to use excessive force unless the situation warrants it. At the time of arrest the accused is given a 5th Amendment warning and once he is arrested he is read his Miranda rights. If you have been arrested, as a citizen if the US, you have certain rights.
These include:
Right to know the charges initiated against you.
Right to know the identities of officers conducting arrest.
Right to call by telephone, family, friends, bondsperson and attorney.
Right to be silent to all questions by police.
Right to have legal representation prior to speaking with police.
If you are stopped by police, you are considered to be in custody and for this a warrant is not required. All that a police officer requires for arresting a person is probable cause that the person could be responsible for the crime based on circumstances leading to crime. But prior to being subjected to interrogation you must be read your Miranda rights. You can remain silent, until the arrival of your attorney and if police officers continue asking questions, it is in violation of your 5th amendment rights and what you say cannot be used in court. Whenever police asks questions, you are being subjected to an interrogation.
Miranda rights allow you to remain silent and demand presence of a Georgia criminal attorney while being interrogated by police and your 5th amendment rights saves from avoiding self incrimination. Sometimes, if you wish you can waive right to remain silent and speak to the officers. But you have to remember that all statements made after the waiver would and could be used against you in a court of law.
Even if get arrested but he issued warrant does not show a probable cause, it can be contested in court with regard to its validity. This does not necessarily mean that you would be set free. But you can be excluded from a trial comprising evidence found with relation to the arrest.
The police has a right to arrest a person if:
Officer witnesses you committing the crime.
Officer has reason to believe that a crime was committed by you.
Officer arrests you with a legal arrest warrant.
Once you are arrested, you would have to go through the booking process, after which you would be placed in custody. You can be granted bail while you are in custody. This bail amount, once remitted is the key to your release. You are bound to appear for the court proceedings once bail is granted. If you are a prominent member of community, you can be let off on your own recognizance. All you need to do is to give in writing that you would appear for all court proceedings.
Facing a criminal case in Columbus Georgia, then call a Columbus GA DUI defense lawyer now.
