What Are Your Rights When Arrested in Georgia?

Arrest is often confusing, but many defendants make critical errors in the immediate aftermath of arrest. They end up trying to talk their way out of handcuffs, which can only end up making it easier for the state of Georgia to convict them. Often, they are unaware of their rights. But what are your rights when arrested, anyway?

Contact Moffitt Law, LLC to discuss the charges against you. In this article, we explain several of your most important rights as a criminal suspect. We have a thriving criminal defense practice, and a LaGrange criminal defense lawyer can immediately defend you if contacted.

Miranda Warnings

Police must give you four warnings before questioning someone. These warnings are known as Miranda warnings, after a famous Supreme Court case:

1. You have the right to remain silent. That means you don’t have to answer the police officer’s questions. We recommend saying clearly: “I want to remain silent.”
2. Anything you say can and will be used against you in court. The state can introduce your statements against you, even if you choose not to testify at trial. Some defendants are convicted based on their out-of-court statements. We recommend you remain silent.
3. You have the right to an attorney. Even though the police are asking you questions, you can have a lawyer present. All you need to say is, “I want an attorney.”
4. If you cannot afford an attorney, one will be provided. The state will have to provide a lawyer free of charge if you are indigent. However, the state doesn’t have to provide you with a lawyer immediately. In fact, you might wait until your arraignment to meet with someone.

The arresting officer should read these warnings as soon as you are arrested and certainly before they start asking questions.

What Happens if You Are Arrested Without Miranda Rights Given?

Sometimes the police forget to give Miranda warnings. They might be in a rush, or they intentionally neglect to inform a defendant of their rights. Regardless of the intent, there are negative consequences to the state when they fail to give a suspect notice of their arrest rights.

Primarily, the state cannot introduce any incriminating statements you make if they fail to provide Miranda warnings. For example, suppose the police arrest a suspect for attempted murder and do not give any warnings. While transporting the defendant to the station, they grilled the suspect about where he was the night before a murder took place. Under questioning, he admits he went to an uncle’s house and borrowed a gun. He tells the police the gun is the same type as the one used in the crime.

These statements are incriminating. The state would probably want to introduce them at trial, even if the defendant chooses to invoke their Fifth Amendment right not to testify.

However, because the police did not comply with the Miranda warnings, the state cannot introduce these statements while prosecuting the defendant.

There are exceptions where your statements might come in, even if no warnings were given. For example, you might blurt something out even without being asked a question. The court might admit that statement. The state can also use your statements to impeach you, which means undermining your credibility if you testify.

The Police Cannot Use Physical Violence or Threats

The law limits the police in other ways. In addition to giving Miranda warnings, the state cannot use coercion to obtain a confession. Officers cannot throw a suspect against a wall, deprive them of sleep, or refuse to let them use the bathroom in an attempt to wring out a confession.

If the police use coercion in this way, then a suspect’s statements are not admissible in court, for any reason.

What to Tell Your Attorney

Always mention whether the officers gave you Miranda warnings once the handcuffs came on or you were detained. We can move to suppress any incriminating statements.

It doesn’t matter if the officers have some valid excuse for not giving warnings. We don’t need to show they had some underhanded motive or were behaving unethically. It is enough that they failed to give all four warnings. By excluding any incriminating statements, we make it harder for the state to convict you.

Contact a LaGrange Criminal Defense Lawyer for a Consultation

Moffitt Law uses our knowledge of constitutional procedure to our clients’ advantage. We always move to exclude improperly or unconstitutionally obtained evidence, including confessions. Contact us at 762-200-2924 today. We have defended many people charged with crimes in the 30240 zip code.