When can an officer arrest me?

| Nov 12, 2018 | Criminal Defense |

It is a stressful situation when an officer places you under arrest. However, it is also a situation where you must be aware of your rights. That begins with knowing when an officer can arrest you under Georgia law. According to the Georgia Bar Association, officers may arrest someone with a warrant or without a warrant.

With a warrant, the officer has specific directions pertaining to the details of the arrest. The warrant comes from a judge and gives the officer the specific right to arrest you. A judge only issues such a document after he or she sees evidence that provides reasonable proof you have committed a crime. This could be the act of breaking a law, missing a court date or violating a court order. If an officer has a warrant, he or she may arrest you upon coming in contact with you.

Arrests without a warrant are a little more objective. Officers do have the right to arrest anyone whom they suspect is guilty of a crime. They do have to have reasonable evidence. They also may arrest you if you try to escape custody. Generally, officers carry out arrests without a warrant when there is no time to get a warrant or waiting to get a warrant would pose a risk to the public.

Officers are not the only ones who can place you under arrest, though. There is the concept of a citizen’s arrest. This differs from what an officer can do. A citizen’s arrest is valid only if one person sees another person commit a crime. The person may detain the other person until law enforcement comes. This information is for education and is not legal advice.