QUESTION
Do police officers have to tell you what you are being charged with before you leave the scene?
Asked on Jun 11th, 2015 on Criminal Law - Georgia
More details to this question:
Me and my friend pulled into a party the same time the cops did and we had already been drinking. They found us in his car and gave both of us a sobriety test, and didn't tell either one of us if we failed or not just to get back in the car and call someone to pick us up. He took our IDs and ran them and gave them back to us. He wrote down our information and left us alone and told us to just wait for our ride. He did not give us a citation or anything and didn't even say we were being charged with anything just to wait for our ride. Then today the deputy called me and my friend and said we have to be at court for our charges. So I guess what I am asking is are they allowed to not tell you then just call you on the phone the next day and tell you, you are being charged.
4 ANSWERS
Nope. Time to shop for a lawyer.
Answered on Jun 11th, 2015 at 3:06 PM
Thomas Edward Gates
You do not need to be charged at the scene for the charge to be valid. The police gives the information to the prosecutor to decide if a charge is to be issued. Generally, more advanced notice for the arraignment is given.
Answered on Jun 11th, 2015 at 2:35 PM
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No, they don't have to tell you at the scene.
Answered on Jun 11th, 2015 at 1:27 PM
Nothing illegal about that. Usually they just give you a ticket before releasing you or mail a summons to you later, but you do now have notice of the court date so you must either show up for the court date or hire an attorney to appear for you. Many times people are arrested and taken to jail & released, then later they receive a summons in the mail telling them what they're being charged with. For misdemeanors, the Prosecutor has up to 1 year from the date of the incident to file charges against you. At court, the judge will read the charges to you and ask if you want to plead guilty or not guilty.
Answered on Jun 11th, 2015 at 1:15 PM