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  1. #1
    Join Date
    Apr 2009
    Posts
    4

    Default How Long Can They Hold Somebody In Jail

    My question involves criminal law for the state of: GA My friend was arrested on 2/17 .The person who filed the charges has since made an affidavit with the ADA in the case that she didnt want to press charges.I want to know how long can they hold him in jail.And his public defender wont talk to his family or return his calls to inform him when his court date is .How can I find out this information?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,221

    Default Re: Cant Get Info

    do you know if they have charged him (officially)(arraigned) him?

    You can call the clerk of the courts office. They should be able to provide you with a court date, if there is one. You may also get some info from the DA's office. I don;t know how stuffy things are in your area.

    do you know what the intended charges were?

  3. #3
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Cant Get Info

    Battery,aggravated assault,robbery but the girl went and told them that she had lied because she was mad at the time.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,221

    Default Re: Cant Get Info

    well, the girl should expect criminal charges for her actions.

    has he been arraigned yet? How long ago was he arrested?

  5. #5
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Cant Get Info

    Quote Quoting jk
    View Post
    well, the girl should expect criminal charges for her actions.

    has he been arraigned yet? How long ago was he arrested?
    He has not been arraigned yet.He was arrested on 2/17 of this year.He can't get in touch with the D.A or his public defender to find out when his court date is.

  6. #6
    Join Date
    Jan 2006
    Posts
    27,221

    Default Re: Cant Get Info

    http://www.georgiacourts.org/courts/...s/rule_26.html

    http://www.georgiacourts.org/courts/...s/rule_30.html

    It would appear you are either not aware of what has transpired or there is a problem.

    Based only on what you have posted, he should have had a prelim hearing and been offered bail or bond. It would appear that there is a 45 day limit for some action to be taken and if not, the DA is to contact the judge.

    If it were me, I would contact the DA and inquire.

    If nothing from them, call the clerk of the courts and ask them for some general direction. They cannot provide legal advice but they are often a wealth of information, although sometimes an informal source.

    If nothing from those, I would contact an attorney to gather the info. It shouldn't cost too much as it should only be a few phone calls.

    I would also suggest a parent (if possible) do this or a spouse (if there is one). You will get less resistance. If neither of them are available, I would suggest any close family member.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Re: Cant Get Info

    Unless he's being held on a probation or parole violation, in which case he has been arraigned on that charge (and perhaps also sentenced), he has been arraigned on the new charge(s).

    His lawyer can only talk to you with his permission.

  8. #8
    Join Date
    Apr 2009
    Posts
    4

    Default Re: How Long Can They Hold Somebody In Jail

    How long can you be held on false charges?How long will it be before he can get a trial?

  9. #9
    Join Date
    Jan 2006
    Posts
    27,221

    Default Re: How Long Can They Hold Somebody In Jail

    how do you determine they are false charges? The charges were brought by (presumable) the injured party. If they rescind them, that does not make the charges false. All that means is the DA must investigate to determine if the charges are justified.

    and to how long before trial?

    not sure in Ga specifically but 1 year is generally the limitation for a "speedy trial" unless the accused waives their rights.

  10. #10
    Join Date
    Dec 2008
    Location
    Metro Atlanta
    Posts
    71

    Default Re: How Long Can They Hold Somebody In Jail

    The only speedy trial law for felonies in Georgia that I'm familiar with governs that time between arrest and indictment.

    My Daniel's Criminal Trial Practice is at the office though.

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