Asked in Criminal Law for Georgia

Q: How long can a Georgia county jail hold someone charged with a misdemeanor without giving them Bond or a trial?

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1 Lawyer Answer
Austin Burke Nelson
Austin Burke Nelson
Answered
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: This depends on a variety of factors. All persons arrested on a misdemeanor in Georgia must be brought before a judge for a bail determination within 48 hours after a warrantless arrest or 72 hours after arrest on a warrant. There are situations in which bail may be revoked, such as a situations where it is proven that a defendant has violated the previously imposed bail conditions.

For the period until a trial is given, speedy trial rights do not begin until after an accusation is filed. The state has up to 2 years from the date of the alleged crime on a misdemeanor to file an accusation. The filing of an accusation begins the criminal prosecution process with an arraignment and triggers the ability to file a demand for speedy trial.

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