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. If an arrest warrant was required and was not obtained before the arrest, or if the arrest warrant was issued without a showing of probable cause, you can contest the validity of the arrest but you will not be set free because your arrest was illegal.
The police have the authority to search you and your immediate surroundings, "incident" to your arrest. If the police arrest you while driving a car, they ordinarily get the authority to search the entire passenger compartment of the car. If arrested, you can waive the right to remain silent and choose to speak to police officers. Silence does not constitute a waiver. Rather, you must indicate explicitly that all Miranda rights have been waived. Remember, if the waiver has been given, all statements made by you after the waiver may be used in evidence against you. 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.
If have been charged with a criminal offence in Columbus, GA (Georgia), Fort Benning GA (Georgia), Chattahoochee County, Harris County, Marion County, Muscogee County, Lagrange, Atlanta, Albany, Newnan, Peachtree City, Carrollton, Muscogee County, Troup County, Phoenix City AL or Opelika AL, contact us. Our DUI and Criminal Defense attorneys based in Columbus, GA (Georgia) can defend you against a DUI and criminal charges.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com