What Are the Legal Procedure You may Undergo in Georgia
Crimnal Laws August 30th, 2010Do you know your legal rights for a criminal process in Georgia? The best way to get informed is to contact a lawyer in your area and assist you taking informed decisions as you move through the case procedure.
Let’s discuss in brief what the stages you may undergo are:
First you would be stopped by the police for questioning. It’s not same as arrest because you might be detained but not moved to a different location. Though the police officer may ask you questions you have right to answer NO.
Next is the authorization of by police to conduct the search. This could be done both ways through search warrants and warrantless searches. For search warrants issued by judge, citing probable cause is necessary. If it is automobile searches, testing circumstances, incident to arrest, police don’t need a search warrant.
If the probable cause of crime is established arrest warrant would be issued. After you are under arrest you can be protected by constitutional rights. You would have two important rights to aware of – right to remain silent and the right to have an attorney.
Under the Miranda Rule in Georgia, if you are in police custody you would be informed of legitimate rights before cross-examination starts.
After you are arrested police will start the booking procedure. Finger prints would be taken and series of questions would be asked and photography would be taken. Your personal property would also be taken in custody.
If you are not in a position to afford Georgia Trial Attorney and charged with a punishable crime, a public defender would be appointed as attorney.
Once criminal charges are filed arraignment, bail/bond, speedy trial, appeals, expungement these procedures follows thereafter.