A police officer may use force that is reasonable and necessary to overcome resistance when making a lawful arrest. An officer cannot use excessive force unless warranted under the circumstances. The police officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. If you have been arrested, you have the following rights:
• The right to know what charges have been brought against them.
• The right to be told the identity of arresting officers.
• The right to communicate by telephone with an attorney, family, friends or a bondsperson.
• The right to remain silent if questioned by police.
• The right to be represented by an attorney before speaking with police.
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.
We are based in Athens, GA (Georgia). Our DUI and Criminal Defense Attorneys can help you if you have been charged with DUI or other crimes in Athens, Watkinsville, Carnesville, Elberton, Homer, Jefferson, Danielsville, Lexington, Hartwell, Winder, and Clarke County, Oconee County, Elbert County, Franklin County, Banks County, Jackson County, Madison County, Hart County, Barrow County and Oglethorpe County, Ben Epps Airport, University of Georgia (UGA), Piedmont Judicial Circuit, Northern Judicial Circuit and Athens-Clarke County.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney
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