How Long Can You Be Held Without Bail In A Georgia Criminal Case?

By Ben Sessions on July 28th, 2015 in Criminal Defense

The first concern of anyone arrested for any criminal offense in Georgia is: when will bail be set so that I can post my bond and be released from jail? There is no requirement that you be bail be set or that you be granted a bond after you have been incarcerated for a period of time in Georgia.

THE BAD NEWS ABOUT ELIGIBILITY FOR BAIL/BOND IN GEORGIA CRIMINAL CASES

You can be held for a really long time without bail being set in a Georgia criminal case.

THE GOOD NEWS ABOUT ELIGIBILITY FOR BAIL/BOND IN GEORGIA CRIMINAL CASES

O.C.G.A. § 17-7-50 helps

Any person who is arrested for a crime and who is refused bail shall, within 90 days after the date of confinement, be entitled to have the charge against him or her heard by a grand jury having jurisdiction over the accused person; provided, however, that if the person is arrested for a crime for which the death penalty is being sought, the superior court may, upon motion of the district attorney for an extension and after a hearing and good cause shown, grant one extension to the 90 day period not to exceed 90 additional days; and, provided, further, that if such extension is granted by the court, the person shall not be entitled to have the charge against him or her heard by the grand jury until the expiration of such extended period. In the event no grand jury considers the charges against the accused person within the 90 day period of confinement or within the extended period of confinement where such an extension is granted by the court, the accused shall have bail set upon application to the court.

O.C.G.A. § 17-7-50.

WHY IS THE REQUIREMENT THAT MY CHARGES BE PRESENTED TO GRAND JURY WITHIN 90 DAYS SO IMPORTANT?

Because criminal charges must be presented to a grand jury within 90 days from the date of confinement, you will either be released following a “no bill” from a grand jury or you’ll have the right to demand a statutory speedy trial demand.

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