In the first 24 hours after an arrest, the arrestee will be taken to the county jail and will go through the booking process. They will take a mugshot, fingerprints, and information. If the offense is what is known as a scheduled offense (meaning that a bond is set in advance on a schedule), then the arrestee will be allowed to post a bond by either calling the bonding company or calling family and friends to post the bond. If it is not a scheduled offense and there is not a bond schedule for it, then the arrestee will have to see a judge for a first appearance. That appearance usually occurs within 24 hours, but by law, it must be done within 72 hours. At that time, the judge will set or deny bond.
What Rights Do I Have Once I Have Been Arrested?
The most important right that you have is the right to remain silent. Do not talk to the police about the specifics of the offense without speaking to an attorney first. With that said, you do want to give them your name and information, because if you do not, then you will sit in jail for much longer. Once you get to the jail, you have the right to make a phone call in order to let someone know that you have been arrested and have them arrange for bond. If you have been charged with a misdemeanor, then you will be entitled to a bond as a matter of law.
Will I Be Arraigned Before I Am Released From Jail?
You will not be arraigned before you are released from jail. Georgia does not do arraignments until the prosecutors have a chance to review the charges and evidence, and to file a follow-up formal charging document in your case. For some traffic and other minor offenses, the citation may serve as the charging document, but there is usually a separate arraignment date that is set to occur weeks or months in the future following the arrest.
At What Point Can I Realistically Get In Touch With My Attorney?
You can get in touch with your attorney as soon as you get out of jail. In some cases, the evidence may need to be gathered right away. You could revoke consent on a consent search or you could take other legal steps to mitigate the case. The sooner you can contact an attorney, the better.
Will I Have A Chance To Speak With My Attorney Before Deciding Whether Or Not To Take A Chemical Test?
You will not have a chance to speak with your attorney before deciding whether or not to take a chemical test. Very few states allow this, and Georgia is not one of the few that does.
Once I Am Out Of Jail, How Do I Know What To Do Next?
Once you are out of jail, you will have paperwork that lists your next court date. Aside from hiring an attorney, your next step should be to attend that court date. If you received a serious misdemeanor or a felony, then your paperwork will say that the court date is “to be determined,” and you will receive notice of a future court date by mail at the address you give the sheriff’s office. The type of paperwork that you will leave the jail with will depend largely on the type of offense and the specific jail to which you were taken.
In general, you will leave the jail with the copy of the warrant or the citations, the bonding paperwork, and notice of a court date if one’s been set. In domestic violence cases or other cases involving a victim, you may have bond restrictions on who you can contact and who you must stay away from, and you will be given the specifics on that before you leave the jail. If you received a DUI charge and you either blew over the limit or refused to give a breath or blood test, then you will probably leave with a 1205 form, which explains the license suspension process, and/or a copy of the test results.
What Happens To My Driver’s License And Driving Privileges After I Get Out Of Jail In A DUI Arrest?
In Georgia, any license suspension as a result of a DUI does not go into effect until after 30 days. So, even if the officer intends to suspend your license because you refused the test or blew over the limit, he will issue you a 1205 form, which you can use as your driver’s license until a hard copy is returned to you. We recommend that you go to the department of driver services (DDS) and get a photo ID that can be used for identification purposes until you get the hard copy of your license back. Depending upon what your blood alcohol concentration was, you may not want to drive immediately upon leaving the jail. We have actually had a couple of clients who picked up two DUIs in the same day by bonding out of jail and getting right back in their car and driving. So, it is generally better to let someone else pick you up.
For more information on Aftermath Of An Arrest In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (678) 726-5400 today.