Frequently Asked Questions
- What happens if I am arrested?
- Do the police have to wait until I have an attorney present before they question me?
- Should I hire a lawyer?
- What is the 10 day rule for someone arrested for a DUI?
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What happens if I am arrested?
If you are arrested, the case is taken before a judge who may set a bond. If you cannot post the bond, you may be incarcerated pending an appearance in court. If bond is posted, you will remain free until arraignment.
During arraignment, defendants are formally told what offenses they are charged with, advised of their constitutional rights, and of the possible penalties. The Defendant enters a plea of guilty or not guilty and a date for the next hearing will be scheduled. An arraignment can be weeks, months, or years after your first appearance.
Do the police have to wait until I have a lawyer present before they question me?
No. It is legal for the police to question you without your attorney or warning you of your Miranda rights (notifying you of your rights to silence and to have an attorney present during questioning) so long as the questioning is merely investigatory and you believe that you are free to go and you have not been formally charged. Even if you are arrested, there is no requirement that you have a lawyer present before answering police questions. A suspect is free to waive his or her Miranda rights and voluntarily speak to the police without an attorney. However, once you ask for an attorney, the police are prohibited from asking you any additional questions until your attorney is present.
Should I hire a lawyer if I am arrested?
Due to the very serious nature of criminal law , it is probably in your best interest to hire a criminal defense lawyer.
What is the 10 day rule for someone arrested for a DUI?
The 10 day rule states that you only have 10 business days from the date of your arrest to request an administrative hearing before the Georgia Department of Motor Vehicle Safety. You must request this hearing in order to contest the suspension of your driver's license. This is separate from the court date you may have received on your citation. The first thing you need to do is look at the citations and Form 1205, which you received at the time of your arrest.
