Getting arrested in Georgia can be one of the most frightening experiences of your life. However, what you do in the hours and days following your arrest often matters more than the circumstances that led to it.
At McCranie Law Firm, criminal defense attorney George McCranie has helped thousands of clients and their families through these challenging situations. With decades of experience practicing in South Georgia, he’s seen firsthand how simple mistakes can turn a manageable situation into a serious legal crisis.
The choices you make after an arrest can affect your freedom, your employment, and your entire future. Here are the three most common—and costly—mistakes people make after being arrested in Georgia, and how you can protect yourself.
Mistake #1: Speaking to Police Without Legal Representation
You’ve heard it countless times on TV: “Anything you say can and will be used against you in a court of law.” These aren’t just empty words—they’re a warning you need to take seriously.
When you’re arrested in Georgia, law enforcement officers may try to question you. They might seem friendly, suggest that cooperation will help your case, or imply that only guilty people ask for lawyers. Don’t fall for it.
The Right Approach:
The moment you’re arrested, exercise your Fifth Amendment right to remain silent. Politely but firmly state: “I want to remain silent and speak to my lawyer.” Then stop talking.
This isn’t about being difficult or uncooperative. It’s about protecting yourself. Even innocent statements can be misinterpreted or used out of context. The less you say before consulting with an attorney, the stronger your defense will be.
Under Georgia law, once you invoke your right to an attorney, police must stop questioning you. Don’t let anyone convince you that asking for a lawyer makes you look guilty—it makes you look smart.
Mistake #2: Posting About Your Arrest on Social Media
For the past 30 years, this wasn’t an issue. Today, it’s one of the fastest ways to damage your case.
Prosecutors and law enforcement agencies actively monitor social media platforms including Facebook, Instagram, TikTok, and Twitter. That frustrated post about your arrest, the photo from the night in question, or even comments from friends on your page can all become evidence against you.
Why This Matters:
Georgia courts regularly admit social media posts as evidence. Something you post trying to explain your side of the story can be twisted to show guilt. A joke or sarcastic comment can be presented as an admission. Photos and location tags can contradict your version of events.
The Right Approach:
Don’t post anything about your case on social media—period. This includes:
- Direct references to your arrest or charges
- Vague posts that could be interpreted as being about your case
- Photos from around the time of the incident
- Responses to comments from friends asking about the situation
Additionally, adjust your privacy settings and consider stepping back from social media entirely until your case is resolved. Ask friends and family to refrain from posting about your situation as well.
Mistake #3: Missing Your Court Date
In Georgia, failing to appear for your scheduled court date is one of the most damaging things you can do to your case. When you’re arrested and released, you’re given a court date—this isn’t a suggestion or an optional appointment. It’s a legal obligation.
The Consequences:
If you don’t appear in court as scheduled, the judge will issue a bench warrant for your arrest. This means law enforcement can arrest you again at any time—at work, at home, or during a routine traffic stop.
Beyond the warrant, missing court can result in:
- Additional criminal charges for failure to appear (O.C.G.A. § 16-10-51)
- Forfeiture of any bond money you or your family posted
- Higher bail requirements if you’re arrested again
- A negative impression on the judge handling your case
- Suspension of your Georgia driver’s license in some cases
The Right Approach:
Treat your court date like the most important appointment of your life—because it is. Here’s how to make sure you don’t miss it:
- Enter the date in your phone with multiple reminders
- Write it on your calendar
- Put it on your refrigerator
- Tell a family member or friend who can remind you
- Set backup alarms
If you have a legitimate emergency that prevents you from attending court, contact your attorney immediately. In some situations, your lawyer may be able to request a continuance, but this must be done before your scheduled appearance.
Why Legal Representation Matters
These three mistakes share a common thread—they’re all made worse by not having an attorney on your side from the beginning. When you’re arrested in Georgia, the prosecution immediately starts building their case against you. You need someone building your defense with equal urgency.
An experienced criminal defense attorney can:
- Advise you on exactly what to say (and not say) to law enforcement
- Handle all communication with prosecutors
- Monitor your case for procedural errors or rights violations
- Keep track of all court dates and filing deadlines
- Build a strong defense strategy tailored to your specific charges
Georgia-Specific Considerations
Georgia has specific laws and procedures that can affect your case. For instance, Georgia operates under the First Offender Act (O.C.G.A. § 42-8-60), which may allow first-time offenders to avoid a conviction on their record if they successfully complete their sentence. However, making any of these three mistakes can jeopardize your eligibility for such programs.
Additionally, Georgia’s implied consent laws, sentencing guidelines, and local court procedures vary by county. Having an attorney who practices regularly in South Georgia courts means having someone who knows the local judges, prosecutors, and court systems.
Take Action Now
If you or someone you care about has been arrested in Georgia, time is not on your side. The decisions you make right now will impact the outcome of your case.
At McCranie Law Firm, George McCranie has dedicated his career to defending the rights of people facing criminal charges in Georgia. With thousands of cases and decades of experience, he knows how to protect your future.
Contact McCranie Law Firm today:
- Visit: https://mccranielawfirm.com/
- Call for your free and completely confidential consultation
- Message through Facebook Messenger for immediate assistance
Don’t let a mistake made after your arrest destroy your chances in court. Your freedom, your reputation, and your future are too important.
Remember: Admit nothing, deny everything, demand proof.
This article is for informational purposes only and does not constitute legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Contact a qualified Georgia criminal defense attorney to discuss your individual situation.
