What Happens After an Arrest in Georgia? A Step-by-Step Guide

Getting arrested is a frightening and confusing experience. Whether you’ve been arrested for a minor offense or a major felony, most people don’t know what happens once they’re in police custody. Understanding Georgia’s criminal process can ease some of the uncertainty and help you make informed decisions. In this article, the Cobb County criminal defense lawyers at Andrew L. Schwartz, P.C., will provide a step-by-step guide outlining what happens during a typical arrest.

Arrest and booking

When a law enforcement officer has probable cause to believe a crime has been committed, they can make an arrest. After you’ve been taken into custody, you are transported to jail for booking. During the booking, law enforcement will record your personal information, fingerprints, photographs, and the alleged charges. Your personal property will be confiscated and held until after you’ve been released.

First appearance and bail 

Under Georgia law, anyone arrested must be brought before a judge within 72 hours. At their first appearance hearing, the judge will explain the charges and the defendant’s rights. In many cases, the judge will also address the matter of bail. Bail is a financial guarantee that allows the defendant to be released from jail while they are awaiting trial. The amount of bail depends on the seriousness of the offense, your prior record, and whether or not you’re considered a flight risk. Some minor offenses can qualify for release on “personal recognizance” without payment.

The arraignment

 If formal charges are filed against you, the next stage of the process will be your arraignment. At this hearing, the defendant is officially informed of the charges and asked to enter a plea. A plea of “not guilty” generally will lead to further proceedings. A guilty plea may result in immediate sentencing.

Pretrial proceeding 

After your arraignment, both the prosecutor and your criminal defense attorney will prepare for trial. This phase includes:

• Discovery – Prosecutors must share the evidence they intend to use during the case. The defense can request additional information.

• Motions – The defense can file motions to suppress illegally obtained evidence or dismiss specific charges.

• Negotiations – Most cases will be resolved through a plea bargain. The defendant will plead guilty to a lesser charge in exchange for a reduced penalty.

Trial 

If a plea agreement cannot be reached, the case will then proceed to trial. In Georgia, the defendant has a right to a trial by jury, although some cases may be tried before a judge. During the trial, both sides present evidence, question witnesses, and make arguments. The prosecution must prove guilt beyond a reasonable doubt. If the jury finds the defendant not guilty, the case will end right there. If not, then sentencing follows.

Sentencing and appeals 

During sentencing, the judge will impose penalties. These can include fines, probation, community service, or imprisonment. In felony cases, sentences can be severe. However, alternatives such as drug court or diversion programs can sometimes be available. If the defense believes that errors occurred during the trial, the defendant has the right to file an appeal.

Talk to a Cobb County, GA, Criminal Defense Lawyer Today 

Andrew L. Schwartz, P.C., represents the interests of those charged with serious crimes in Cobb County, GA. Call our Cobb County criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.