Steps to Take After a Wrongful Arrest in Gwinnett County, GA

Posted on October 06, 2026 | Criminal Defense

If you believe you were arrested without a lawful basis in Gwinnett County, what you do next can affect both the criminal case and any challenge to the arrest. Our criminal defense attorneys can review the officer’s stated basis for the arrest, the available evidence, and the steps needed to protect your rights.

Stay Calm and Avoid Resisting

Believing that an arrest is wrongful does not make resistance a safe response. Physical resistance or interference can create additional allegations and complicate the underlying situation. If you disagree with the arrest, challenge it through the legal process.

Preserve Details From the Arrest

Write down what happened as soon as you can. Details can become difficult to remember later, especially after a stressful encounter. Useful information may include the location and time of the arrest, the officers involved, what the officers said, whether they showed a warrant, the names of witnesses, and whether video may exist from a business, home, patrol car, or body camera.

Officer names and badge numbers, if known
Patrol car or agency information
Names and contact information for witnesses
Photos, video, messages, or location records related to the incident
Copies of citations, warrants, bond paperwork, and other documents

If officers ask for consent to search your property, you may decline consent. Whether police can lawfully search without consent depends on whether they have a warrant or whether a recognized exception applies. If a search has already occurred, do not physically interfere. Instead, document what happened so your attorney can evaluate the issue later.

Invoke Your Right to Remain Silent and Request Counsel

You generally do not have to answer investigative questions about the alleged offense. Clearly state that you are invoking your right to remain silent and that you want an attorney. After that, avoid discussing the case with investigators or other people who do not need to know the facts.

Probable Cause Can Determine Whether an Arrest Was Lawful

A lawful arrest generally requires probable cause. Banks, Stubbs & McFarland explain what probable cause means in Georgia and how the standard differs from mere suspicion. If the facts known to the officer did not support probable cause, that issue may become important to the defense and to any later challenge to the arrest.

Preserve Evidence Before it Disappears.

Video can be overwritten, witnesses can become difficult to locate, and digital records can be lost. Preserving evidence early can help an attorney compare the officer’s account with independent information. Do not alter, edit, or delete evidence; keep original files when possible.

Challenge a Wrongful Arrest in Gwinnett County

A wrongful-arrest claim depends on the facts, the legal basis for the arrest, and what happened before and after you were taken into custody. Banks, Stubbs & McFarland can review the record and explain the options available in your case. Contact us online or call 770-887-1209.