Resisting Arrest in Georgia
In Georgia, if you resist arrest, you will be committing a misdemeanor. You must co-operate with a police officer who is trying to arrest you. If you do not co-operate or try to prevent your arrest in any manner including taunting the officer, lying about your identity, struggling with the officer, trying to hurt or escape from the officer or otherwise resisting his or her efforts to take you into custody.
Even interfering with a police officer’s attempt to arrest another person can result in you being charged for resisting arrest. An 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.
A police officer may arrest you if (1) the officer observes you committing a crime; (2) the officer has probable cause to believe that a crime has been committed by you; or (3) the officer makes the arrest under the authority of a valid arrest warrant.
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.
Our DUI and Criminal Defense lawyers are based in Augusta Georgia. If you are facing DUI charges in Augusta or anywhere throughout the CSRA, including Columbia County, Richmond County, Lincoln County, McDuffie, Jefferson and Burke Counties, Evans, Appling, Waynesboro and Thomson.