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Being involved in a criminal investigation can be intimidating and scary. Whether you are detained and brought in for questioning or officially arrested, it can sometimes be difficult to remember your rights at that moment, and law enforcement takes advantage of that fact. An experienced criminal defense attorney can guide you through any phase of your involvement with a criminal investigation and ensure that your rights are preserved.
Constitutional amendments and laws dealing with criminal procedure can provide substantial protection when faced with the uncomfortable task of interacting with law enforcement officials in Georgia. In situations like this, it is best to have help from a criminal defense attorney specializing in criminal investigations in Atlanta, who will be by your side every step of the way.
When law enforcement detains you for questioning, it is called a custodial interrogation. This includes questioning in a police station, a patrol car, or after an arrest. Under Miranda v. Arizona, your Miranda Rights protect you in any custodial interrogation.
Your Miranda Rights include:
If detained, state that you wish to remain silent and request an attorney—say nothing else. An experienced Atlanta lawyer specializing in criminal investigations and detainment procedures can handle all communication with law enforcement, ensuring your rights are protected.
Never allow police to enter your home without a warrant. Speak through the door or step outside, closing the door behind you. Even if they have a legally authorized warrant, you still have the right to remain silent—exercise it.
If police enter with a valid warrant, observe silently and document their actions and any items they take. Contact an attorney immediately with your notes. An experienced Atlanta lawyer specializing in Fourth Amendment search and seizure can assess whether the search violated your constitutional rights during the criminal investigation.
If arrested, think about emergency contacts and needs like medication. You have the right to one local phone call. Remain silent at all times, especially without your attorney present.
If law enforcement violates your rights during a criminal investigation in Atlanta, document everything—officer names and badge numbers, their agency, witness contact information, and any other details. As an experienced Atlanta lawyer specializing in criminal procedure rights violations, we can help hold the officers and agency accountable in court.
Interactions with law enforcement can be complex. Whether the police just want to talk to you or arrest you, you are protected with certain rights in Georgia. Having competent, knowledgeable legal counsel by your side can make all the difference when dealing with the cops. Make no mistake: they are NOT your friends.
To learn more about your legal options or potential rights violations, speak to an attorney specializing in criminal investigations in Atlanta. Contact us today for a case evaluation and take the first step toward protecting your rights and future.