Atlanta, GA asked in Criminal Law, Constitutional Law and Domestic Violence for Georgia

Q: In Georgia would it be legal for an officer to make a warrantless arrest when no complaint has been made?

The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled by the other party when the other person grabbed my phone to prevent me from contacting 911. The other party never made a complaint against me and when I questioned the legality of the officers actions against me, and asked for a supervisor the officer decided to force me to the floor when I was complying to his orders and received felony obstruction charges. If the arrest was not legal and I was not knowing or intentionally trying to obstruct him but I was trying to have the officer explain why I was being arrested and making a request for a supervisor can I be convicted here? If anyone has any knowledge of case law that I should look into

1 Lawyer Answer
Jermario L Davis
Jermario L Davis
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.

Officers are given discretion in making arrests. Warrants are generally not required prior to making an arrest, even where there is no prior complaint. The legal standard is probable cause. In other words, if an officer observes or has evidence to show that you may have committed a crime, he or she can make that arrest. Bear in mind that probable cause to arrest does not mean that there is enough evidence to convict.

Good Luck

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