Legal Question in Criminal Law in Georgia
is it a Ga. law that after 90 days of incarceration, a judge must grant a bond hearing. the person has been charged but not indicted. He's been incarcerated for 325 days, no murderer
2 Answers from Attorneys
Yes and no; need more information and there may be other remedies or defenses.
770.985.6773 (answered 24X7 all year)
Ralph J. Villani, Esq.
At the 75 day point (75 days after arrest), IF there is no bond, the attorney should request a bond hearing. So, the hearing will be scheduled close to the 90 day date (90 days after arrest). If on the 91st day after the arrest, the person has not been indicted, then the judge must set a bond for the person. Two problems: (1) the bond it not automatically set - there must be a hearing scheduled in order for the judge to set a bond; and (2) the judge does not have to set a bond that the person can make.
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