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In Georgia, the court has 2 years to file an accusation in a misdemeanor case and 4 years to indict a felony but once accused or indicted, the statute of limitations does not apply. Constitutional speedy demand is based on case law and the 6th amendment.
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 ...
An indictment occurs when a defendant is formally accused of a crime by the majority vote of a grand jury. Georgia reserves grand jury indictments for capital offenses, ones punishable by death. In Georgia, a grand jury consists of 16-23 jurors selected from a group of citizens within the county.
O.C.G.A §16-1-6 outlines two ways in which a crime can be a lesser included offense: It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the charged crime; or.
The district attorney shall notify the chief judge in writing of the name of any unindicted accused who has been in custody under criminal felony charges for 45 days within 2 business days after said 45 day period has run. The chief judge may take any action deemed necessary or appropriate under the circumstances.
An offense is a lesser included offense if (1) the acts neces- sary to constitute the offense are alleged in the indictment; (2) the offense is not expressly charged in the indictment ;and (3) the penalty for committing the offense is less than the penalty for committing the offense expressly charged in the indictment.
? Georgia law says defendants held in custody must be indicted within 90 days. If they aren't, they're automatically owed bond.