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?
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.
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