5. GA-Pretrial procedures

Question 1

Initial Appearance

Answer 1

Under Georgia law, when a person is arrested on a warrant, he must be brought before a committing judicial officer within 72 hours after the arrest.

At this event, the accused must be notified of the date and time of the commitment hearing. If not given this date and time, he must be released.

Question 2

Arraingment/Preliminary or Probable Cause Hearing under Georgia Law

Answer 2

Under Georgia law, a commitment hearing determines if there’s enough evidence to require the defendant to answer charges in court. If an indictment is returned, the commitment hearing is not needed.

Question 3

Grand Jury Rights in Georgia;

Answer 3

In Georgia, if bail is denied, a defendant has the right to a grand jury hearing within 90 days. For death penalty cases, this period can be extended by another 90 days. If this time expires without a hearing, the defendant must be granted bail.

Question 4

Information under Georgia law

Answer 4

Under Georgia law, an information is referred to as an accusation. In order to proceed by accusation on felony charges, the defendant must waive his right to a grand jury presentment.

Question 5

Bail

Answer 5

court discretion, but not excessive;

factors:
(1) flight risk,
(2) threat,
(3) felony while trial pending,
(4) W intimidation; and
(5) obstruction of justice;

GA req’s hearing w/in 10 days of release motion

Question 6

What is the purpose of a bail hearing?

Answer 6

To ensure the presence of the defendant at trial.

Question 7

What happens if the court accepts a plea bargain?

Answer 7

The defendant has a right to enforce her plea bargain.

Question 8

What can a defendant do if the prosecutor fails to keep her promise in a plea bargain?

Answer 8

File a collateral attack.