Atlanta, GA asked in Criminal Law and Constitutional Law for Georgia

Q: In ga if you haven't received a bond in 90 days what can be done lots of things in this case that aren't right

Incarcerated and held for 7 days before Miranda rights were read to him, was walking out of a store when arrested so entrapment Co defendant released by his po because he stated was a wrongful arrest

1 Lawyer Answer
Glenn T. Stern
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  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Miranda only applies if the police question you. If you are arrested and they don't mirandaize you before questioning you, then You can challenge the admissibility of those statements.

If you are held for 90 days without indictment, you can file a motion with the court for bond and the court must set one.

Without knowing your charges or the circumstances of your case, it would not be possible to determine whether there was entrapment in your case or a wrongful arrest. However, I can tell you that in a shoplifting case, for example, you don't need to actually walk out of the store to be charged with it. If you are accused of changing price tags, putting one thing into another box, or concealing merchandise on your person, that is enough for the charge. They don't have to wait for you to try to leave the store to take action.

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