Resisting Arrest in Georgia

Georgia calls resisting arrest obstruction of officers. Knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of official duties is a misdemeanor. Resisting or obstructing an officer 'by offering or doing violence' is a felony: one to five years for a first conviction, two to ten for a second, and three to 15 for a third or later, plus a fine of at least $300.00. Fleeing or attempting to elude police in a vehicle is a misdemeanor of a high and aggravated nature for a first through third conviction (first conviction: a $1,000 to $5,000 fine and 30 days to 12 months in jail); a fourth conviction within ten years is a felony, and it is also a felony (fine of $5,000 to $10,000 and one to ten years) if the driver goes more than 20 miles an hour over the limit, hits another vehicle or a pedestrian, causes a crash, endangers the public, commits certain listed traffic offenses such as reckless driving, or leaves the state.

Georgia's rule on court-appointed lawyers: Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing. O.C.G.A. §§ 15-21A-6(b), 17-12-2 (as quoted by the Chatham County Public Defender Office, Eastern Judicial Circuit)

Lawyers set their own fees, and Georgia has rules on how they may charge. See hiring a criminal defense lawyer in Georgia for fee rules, how to check a lawyer's license and free help.

Each state sets its own rules for sealing or expunging records. See Georgia expungement and record sealing rules.