Are police still required to say something when they arrest you? If so, what are they supposed to say?
Yes. Police are required to provide what is called your Miranda rights. This is from the Supreme Court case of Miranda v. Arizona. It requires that you are told you have the right NOT to speak, and to understand that if you do, it can be used against you in a court proceeding. You have a right to legal representation by an attorney before speaking to the police and to have an attorney present during any questioning regarding this arrest now or in the future. Furthermore, it provides that you are notified that if you cannot afford an attorney, one will be provided for you.
It is critical that everyone arrested be read his or her Miranda rights. If you feel you were detained or arrested without being read these rights, you should speak with an attorney to understand the legal ramifications that may apply to your case.
Can I be handcuffed by police if I am not placed under arrest?
In most circumstances where handcuffs are used, the police will place the person under arrest.. However, there are some occasions, where legislation allows for force to be used if necessary, where a subject is not under arrest. In the majority of cases that handcuffs are applied, the subject will be arrested and detained.
These are VERY fact specific cases. If you feel you have been arrested, or detained, you should seek legal counsel to fully understand your rights.
Does a traffic ticket count as an arrest?
A traffic ticket is not an arrest. An arrest occurs when an officer takes you into custody and you are booked into jail. However, when you receive a traffic ticket, you are given an option to pay or to appear in court. Most often your driver’s license is displayed to the officer in lieu of bail or being taken to jail. One purpose of a traffic ticket is to allow an officer to initiate a criminal charge without having to take you to jail, although the officer, in his discretion, can arrest you. It’s important that during a traffic stop you abide by the officer’s instructions. Provide your driver’s license, proof of insurance and be courteous. This keeps everyone safe and there is less of a chance of any issues. If you are handcuffed, booked into jail, photographed and/or detained for a prolonged period of time by law enforcement during a traffic stop you should consult with a lawyer right away.
Before paying the ticket, it is recommended that you consult with an attorney. Although you haven’t been arrested, citations for traffic stops can have a major effect on your driving record. We have seen outstanding tickets affect a person’s license for years after the offense. While we were able to clean these up, it’s much better to allow us to do this from the start. It save you time and money.
What happens if you do not pay your ticket in Georgia?
If you forget to pay a traffic ticket in Georgia, or do not show up to contest the ticket on your appointed court date, a “Failure to Appear” bench warrant will be issued for your arrest and eventually, if you do not take care of the ticket fine payment or contact the court, this will report to the Georgia Department of Driver Services. If you feel you are in this situation, your best course of action is to contact an attorney for the best solution prior to your court hearing.
Attorneys are often able to help clear up old outstanding citations and failure to appear bench warrants. Old outstanding traffic tickets from 10 to 30 years ago may keep you from getting a job promotion or getting a professional business license or driver’s license. Yes, we have cleared up outstanding traffic tickets that were 30 years old but showed up in the government’s computer system during a background investigation and created issues jeopardizing a job promotion!
Do I need to appear in court?
In many instances, your attorney can appear on your behalf for certain issues. Due to COVID-19, the courts are allowing more of this even as courts continue business. There are other times when this may be allowed as well. Each case is unique. Make your attorney aware of your situation so he can help provide the best representation on your behalf.
Attorneys are often able to appear in court on behalf of out of State clients. There are procedures and mechanisms that allow Attorneys to handle certain matters for out of State clients so that they can avoid the time and expense of traveling back to Georgia for court.
Is a traffic violation a misdemeanor in Georgia?
Most traffic violations are misdemeanors, but not all. Misdemeanors are less serious crimes than felonies. In Georgia, traffic misdemeanors may be handled by the county probate court, state court, magistrate court, juvenile court, or a municipal court.
In Beneke v. Parker, 684 SE2d 243, 285 Ga. 733 (2009), the GeorgiaThe Georgia Supreme Court found that “a violation of one of the Uniform Rules of the Road, such as the rule that a driver must not follow another vehicle too closely, is a misdemeanor, O.C.G.A. §40-6-1(a), and a misdemeanor is “‘any crime other than a felony.’” (Emphasis supplied) O.C.G.A. §16-1-3(9).
Because each area (jurisdiction) handles its own cases, it is important to seek out a lawyer to look over your case and advise you on your best course of action.