Notice For Discovery In Georgia
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The statutes of limitations for criminal offenses in Georgia are 7 years for felonies punishable by death or life imprisonment, 7 years for felonies against child victims, 4 years for other felonies, and 2 years for misdemeanors.
The prosecuting attorney shall, no later than ten days prior to trial, or at such time as the court orders but in no event later than the beginning of the trial, provide the defendant with notice of any evidence in aggravation of punishment that the state intends to introduce in sentencing.
Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
A discovery motion is a written request to receive discovery from the State in a criminal case. In Georgia, there is no automatic right to discovery. Instead, the Defendant must request discovery and explain why the evidence is relevant to the criminal case.
In Georgia, discovery typically lasts six months from the date that the defendant files an Answer to your Complaint.
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. If prosecutors fail to meet this deadline, an accused person may file a motion for bond and the Court MUST grant them a bond.
The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time.
The discovery process is an important part of criminal justice system. The discovery process enables the accused to know about any and all evidence that may be used to prosecute the. A defense lawyer uses the benefits of this knowledge to prepare a defense strategy.
