Criminal Law Rights in GA Criminal Defense Attorney Augusta Georgia

Criminal Law Rights in GA

Criminal Defense Attorney Augusta Georgia

You may invoke the right to remain silent by telling officers that you do not wish to answer any questions, or that you wish to say nothing until your attorney is present. If an officer continues to ask questions, it is a violation of your Fifth Amendment rights and any statements you make are inadmissible in court. You are considered "in custody" when you have been stopped by police and you do not feel that you are free to leave. You may be in custody without being arrested. The police must give you the Miranda warnings when you are in custody and when you are subject to police interrogation.

Police interrogation occurs any time police officers question you or makes a statement meant to illicit a response from you. So even if you are arrested, you may not be given the Miranda warnings immediately if you are not going to be subject to interrogation.

A Miranda warning is a warning that the police will give you advising you of your constitutional right to remain silent and to have an attorney present before answering any questions or making any statements. Miranda warnings are given as a prophylactic measure to protect a criminal suspect's Fifth Amendment right to avoid self-incrimination.
Generally if a police officer has probable cause to believe that a crime has been committed, the officer may make an arrest without an arrest warrant.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.