It is important to understand that police officers must have a basis to arrest an individual. Continue reading and reach out to our firm today to learn more about probable cause in Georgia. Our skilled Cobb County criminal defense lawyer is on your side.
How is probable cause established?
Keep in mind that in the state of Georgia, probable cause is the key issue looked at in the arrest process. This is because police are instructed to have this when making an arrest or obtaining an arrest warrant from a judge.
In order to establish probable cause, police officers must be able to show real circumstances suggesting them to believe that a suspect committed a crime. A police officer cannot establish probable cause by simply stating that he or she just had a premonition that the defendant was a burglar, as there is no sufficient ground behind that assertion.
Recognize that judges, not police officers, have the last word on whether probable cause is present. A police officer may be open to accepting that the facts establish probable cause. However, if a judge looks at that same information and disagrees, then probable cause does not exist, or never did exist if the question is being decided after an arrest.
Note that probable cause may have existed at the time of an arrest even if the defendant did not actually do anything wrong. Basically, an arrest is good as long as it is based on probable cause, even if the arrested person is not guilty.
Do not hesitate to give our firm a call today if you have questions or concerns about this, or if you would like to discuss the details of your situation with an experienced attorney.
What information is needed to convince a judge of probable cause?
The most common question asked is how much information do police officers need to persuade a judge to administer an arrest warrant or to justify a warrantless arrest? In most cases, probable cause needs more than a mere suspicion that a suspect committed a crime, but not as much information as would be required to establish the suspect guilty beyond a reasonable doubt.
This suggests that probable cause is a conceptual idea, and there really is no firm definition of it. Because of this, courts have to choose case by case whether there is or was probable cause for an arrest. Do not wait to give our firm a call today to learn more. Our experienced criminal defense attorneys are here to help you navigate each step of the process.
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If you are facing criminal charges, or have been injured due to the negligence of another party, our firm will fight for you. Contact Miller Law Practice today.