Legal Question in Criminal Law in Georgia
Time frame of process
In a felony case, after the first appearance, the state decided to not move any further at this point. I believe they are waiting for discovery information. (I am not sure) how long can they keep this case on hold before moving forward. Also, do I get to face the person/people or so called witness at any time in all of this criminal process? What if he is far from a credible person????
2 Answers from Attorneys
Re: Time frame of process
In general, you have a constitutional right to face your accuser, and, to a lesser extent, witnesses.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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Re: Time frame of process
Assuming the first appearance to which you refer was the arraignment following indictment, there is no specific time frame. In other words, the indictment satisfied the statute of limitation within which you must be prosecuted.
You could force the issue if their case is weak by filing a demand for speedy trial, but you may have waived the right due to the passage of time and the arraignment.
The State can not sit on it forever. At some point the delay would be prejudicial to your rights to a fair trial, and at that point the court might dismiss the prosecution if there could be a showing of prejudice, such as the unavailability of witness, or similar reasons.
There is a constitutional right to see, hear and cross examine witnesses called to testify against you.
Call if you would like to discuss this matter further.
Jim Hough
770-607-5300
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