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.
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.
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.
