Arrest With Detention In Georgia
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If you aren't being notified or you've been detained more than 48-72 hours, you should contact a criminal defense attorney. You may have a constitutional claim against law enforcement.
Detainment and arrest are connected but are different. A detainment may not result in criminal charges, whereas an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
If you or a loved one have been arrested in Georgia, you may have heard about the 90-day bond rule but be confused about what this rule means. O.C.G.A. §17-7-50 says that a person who is arrested must have their case indicted (formally charged) within 90 days or they are legally entitled to a bond.
The practice of holding an accused person in custody while they await trial is usually called “pretrial detention,” though it can also be referred to as “preventative detention” or “being on remand.” Pretrial detention typically occurs after an individual has been arrested and charged with one or more crimes but before ...
In the majority of instances, people ``sit in jail before going to trial'' after being formally arraigned for their crimes because they were denied bail, or because they cannot afford the bail amount determined at their arraignment.
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.
However, they can only hold you for 72 hours in Georgia before formal charges are issued. This period decreases to 48 hours for warrantless arrests. If you are not brought before a judge within these time periods, you should be released from detention.
- Provision of this section that a person arrested without a warrant and not conveyed before an officer authorized to issue warrants within 48 hours "shall be released," means that such person shall be released from imprisonment or custody until a warrant is obtained; not that the person shall be released from trial ...
In California, the citizen's arrest statute states that any person may arrest another: For a public offense committed or attempted in their presence. When the person arrested has committed a felony, although not in their presence.
