Athens, GA asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia

Q: If an individual has been in jail for 90 days and hasn't been indicted or granted bond,the judge is in violation of wha?

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

A: The statute that you are referring to is o.c.g.a. 17-7-50....if true, the judge would be required to set a reasonable bond upon petition by the Defendant. There are exceptions if the state intends to seek the death penalty. Specifically, the state can seek additional time (90 more days) to indict.

Due to Covid19, the Supreme Court of Georgia suspended deadlines for grand jury proceedings back in March. In turn the State has argued, and some Judges have ruled that 17-7-50 was not applicable during that time.

As of October 10, 2020, grand jury proceeding have been authorized to take place.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.