Atlanta, GA asked in Criminal Law and Civil Rights for Georgia

Q: In Dekalb Co GA why does a defendant by default waive rights to a probable cause hearing when being bonded out of jail?

It doesn't seem fair that Dekalb Co police department doesn't have to answer before a judge on the probable cause that they had for my arrest because I chose to pay bond and seek my freedom until I prove my innocent during a trial. Seems to me as if that's a cover up for a possibly falsified warrant. The reason I say this, is because I do not see that a judical officer notated the warrant in the court public records, the probable cause on my warrant is another citizens arrest that has nothing to do with me, and lastly because the judge has no time stamp on my warrant as the detective who initiated the warrant has time stamped right below their signatures. Please help me to comprehend GA laws to give me a peace of mind as I wait on the state to possibly, formally indict me before a grand jury.

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1 Lawyer Answer
Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The preliminary or probable cause hearing is for the Magistrate Court to determine if there is sufficient probable cause for the charges and therefore sufficient probable cause to keep you in custody. You have a right to a probable cause hearing while in custody, but not necessarily if you have bonded out. It is important for you to retain an attorney to protect your rights. If there is a defect in the warrants or an issue with your arrest, your attorney may be able to gather enough information to take to the District Attorney prior to indictment.

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