No one plans to have trouble with the law, but it is important to know what to expect if you think you may have criminal charges brought against you. If you live in Georgia, you should familiarize yourself with the Georgia arrest process so you can understand your legal position if you find yourself going through it.
What Happens When You Are Arrested in Georgia?
Being arrested can be a scary and traumatic experience, but it is important to remember that an arrest is not the same as a conviction. Under the American justice system, you are presumed innocent of any crime until you are proven guilty. Even though being arrested can be stressful and possibly embarrassing, it does not necessarily lead to any lifelong or serious consequences.
In 2024, the most common cause for arrests in Georgia was larceny or theft. There were a total of 4,619 individuals between the ages of 30 and 39 arrested for theft. Other frequent offenses included aggravated assault and burglary. These crimes occur in neighborhoods near downtown Douglasville and neighborhoods like Point of View and Somerset.
The following is a general outline of events surrounding an arrest in Georgia:
- Initial arrest. For a person to be lawfully arrested in Georgia, there must be a warrant signed by a judge, or circumstances that justify a warrantless arrest, such as committing a crime in front of a police officer.
- Booking. Immediately after an arrest, the arrested person is usually taken to a jail for booking. During booking, the person is searched, fingerprints are taken, and information is entered into the court database.
- Initial hearing. After a person is arrested, they must be brought before a judge within 72 hours for an initial hearing regarding their offense. At this hearing, the judge reads the charges, confirms that the accused person understands their rights, and sets bond or release conditions, if applicable. Future court dates are also set at the initial hearing.
- Arraignment. During an arraignment, the accused person enters a plea of guilty, not guilty, or no contest, and criminal trial proceedings can begin. Arraignments may take place a few weeks to a few months after the initial arrest, depending on the seriousness of the charges.
- Pretrial and preliminary hearing. During the pretrial phase, attorneys for both the prosecution and defense share information and begin building their cases. This culminates in a pretrial hearing, during which attorneys present their arguments, and a judge decides whether the case should proceed.
- Trial. The trial phase involves both the prosecution and the defense arguing their cases in court, usually before a judge and a jury. In some cases, plea bargains are reached instead of proceeding to trial. The time between an arraignment and a trial can be a few months or longer than a year.
- Sentencing. Sentencing hearings are separate from trials. During a sentencing hearing, victims may read impact statements, and character witnesses may speak or submit letters in support of the convicted person. The judge then hands down the applicable sentence. Sentencing hearings often take place shortly after the conclusion of a trial.
Need Representation? Hire a Criminal Defense Lawyer Who Gets Results
If you find yourself facing criminal charges, you should hire a criminal defense lawyer with the knowledge and experience it takes to successfully defend you and protect your rights. Contact Christy E. Draper, LLC, and put our two decades of experience to work for you.
