Being involved with law enforcement can be a confusing and stressful experience. It's important to understand the difference between being detained for questioning and being formally arrested. Detention is a temporary hold where police may ask you questions, but you're not officially in custody. An arrest, on the other hand, occurs when you're taken into police custody and aren't free to leave.
This article outlines the process that follows an arrest in Georgia, specifically after the issuance of a warrant and your following detention. Understanding these steps can help you navigate the criminal defense process more effectively.
The Booking Process
Once you're arrested, you'll go through the booking process. This involves:
- Recording your personal information
- Taking fingerprints and photographs
- Conducting a search for outstanding warrants
- Confiscating and inventorying your personal belongings
- Placing you in a holding cell or jail
You'll remain in custody until you either post bail or are released on your own recognizance. The amount of time you spend in custody depends on various factors, including the nature of the charges and the court's schedule.
First Appearance Hearing
After your arrest, you'll have a first appearance before a magistrate judge. The timing of this appearance depends on the County you are arrested, the time you were arrested, the charges, and whether a bond is already set in the arrest warrant.
These initial appearances often take place in a courtroom inside the jail. During this hearing:
- The judge will read the charges against you
- You'll be asked if you can afford an attorney. If not, an attorney will be appointed to your case.
- Depending on the County, an attorney may or may not be present for this hearing. For instance, in Fulton County, you may hire an attorney to argue for bond and bond conditions or an on duty public defender will represent you.
- Bond is determined based on the facts laid out in the warrant.
- The judge will decide whether to grant a bond and, if so, the amount and the conditions of bond.
- If no bond is set, your case will be set for a Preliminary Hearing for a more formal review of the charges.
It is important to note that those accused of certain crimes cannot be offered bail by a magistrate judge. Those offenses can only be bailed by a judge of the superior court and include the following:
- Aggravated child molestation
- Aggravated sexual battery
- Aggravated sodomy
- Armed robbery
- Drug offenses involving Schedule II substances
- Hijacking a motor vehicle or aircraft
- Murder
- Rape
- Treason
Preliminary Hearing
Following your first appearance, if no bond is set, your case will be set for a Preliminary Hearing. This hearing serves several purposes:
Review evidence: The prosecution presents evidence supporting the charges.
Evaluate probable cause: The judge determines if there's enough evidence to proceed.
Set bond: If the judge determines there is probable cause to proceed with the charges, the Defendant can request bond be set.
Gain Information: It also can serve as a good way for the Defense to gain valuable information regarding the State’s evidence.
At this stage, charges may be dropped if:
- There's insufficient evidence to support the charges
- The arrest or search was conducted illegally
- New evidence emerges that exonerates you
Plea Negotiations & Trial
The next steps in your case will involve either plea negotiations or preparing for trial. The path forward depends on several factors:
- The nature and severity of the charges
- The strength of the evidence on both sides
- Your prior criminal history
- Your best interests as determined by you and your attorney
Plea negotiations may be possible and in your best interest if:
- The evidence against you is strong
- A plea deal offers significantly reduced charges or sentencing
- Going to trial poses a high risk of a much harsher sentence
- You want to avoid the stress and uncertainty of a trial
If a plea deal isn't reached or isn't in your best interest, your case will proceed to trial. The prosecution will need to prove beyond a reasonable doubt that the accused committed the crime.
Here to Act as Defense Counsel Throughout the Criminal Process
Navigating the criminal justice system can be complex and intimidating. Each stage of the process comes with its own challenges and potential pitfalls. It is crucial to have experienced legal representation to guide you through these steps, protect your rights, and work towards the best possible outcome for your case.
If you've been arrested in Georgia, don't hesitate to reach out to Houston Washburn Law. Our attorney has 10+ years of legal experience and is known for providing aggressive counsel to our clients.
Call (770) 766-8966 to request a consultation.