Legal Question in Traffic Law in Georgia
Driving on suspended License in Georgia
Can a person be held in custody on two misdemeanors in leiu of paying 856.00 in fines with no miranda and no arraignment in 4days time? When I call to inquire information they will only tell me he is there and what the fines are plus 25.00 a day for being incarcerated. My friend is in Cook County Ga. the city of the traffic infraction was Adel.
1 Answer from Attorneys
Re: Driving on suspended License in Georgia
You misunderstand Miranda completely. There is no requirement that anyone be read their rights. However, if police choose not to, statements the defendant makes in custody are inadmissable.
Both a U.S. Supreme Court ruling and Georgia law require a judge to review the case within 48 hours. That review is not necessarily via a hearing or arraignment, although it can be.
Driving on a suspended license is a very serious charge. The penalty, depending on whether he is a repeat offender of not, can exceed $1000 and often will include jail time ($856 may be lower than the actual numbers). He should obtain a lawyer as soon as possible to determine what course of action to take. If he is indigent, he would be able to have court appointed counsel (the Court can assess a $50 fee for that).
Since you mention two misdemeanors, I assume he committed a second crime as well, and that also may affect the outcome.
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