Legal Question in Criminal Law in Georgia
My husband has been incarcerated for 2.5 months now. He has not received a court date or any info regarding his case. How long can a detention center hold someone who has not been found guilty before giving a court date or a conviction?
4 Answers from Attorneys
Depending on the offense and other facts, sometimes indefinitely. He already will have had at least one court date (first appearance and bond). Presumably he has had counsel for 2.5 months as that was necessary at the beginning. If he does not yet have a lawyer, you may wish to help get him one.
Up until the statute of limitations runs which can be anywhere from 2-7 years or even longer. There is always the possibility of a constitutional speedy trial violation but that won't necessary get him out of jail until it is granted and would have to be several years even if a motion is filed. His best bet is to try to get a bond that you can post to get him out pending trial. Hire a lawyer as soon as possible. Good Luck
Difficult to answer this question, because it is multiple questions in one. How long can he be held? Probably up to 3 years. How long can he be held without a court date? If he has an attorney that doesn't know what to do? Probably about 12 months. The question is not how long can eh be held, but what does he intend to do when he gets to court. If he has a murder case, the attorney will not be ready for another 4-5 months for trial. So, he will be held until the attorney is ready to deal with the case. See website on hwo to find the right attorney: www.lawrencelewispc.com Good luck.
He should be brought before a judge within 48-72 hours to be informed of what the charges are against him. Sometime later he will have what is called an arraignment or indictment. At that point, motions and other argument will typically be offered by a legal representative. That said, lawyers have the ability to have the "case" brought before the judge to address certain routine and constitutional issues. I suspect that your problem of incarceration without any hope of immediate release and/or information would fall in the latter category.
Feel free to contact the office directly for more information. If you prefer you can visit us online at:
http://www.rousecolaw.com
Best regards,
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