Pretrial Detention

Question 1

Standard of Proof

Answer 1

The government needs probable cause both to bind a defendant over for trial and to detain him in jail before trial.

Question 2

Detention Hearings

Answer 2

• A hearing to determine probable cause (sometimes called a Gerstein hearing and, in GEORGIA, called a “commitment hearing”) is unnecessary to justify pretrial detention if:
  
  • the grand jury has issued an indictment ; or
  • a magistrate has issued an arrest warrant.

Question 3

First appearance

Answer 3

Soon after arrest, a defendant must be brought before a magistrate who:

(1) advises him of his rights;
(2) sets bail; and
(3) appoint counsel , if necessary.

In GEORGIA, the first appearance must take place no more than 72 hours after arrest.

Question 4

Bail

Answer 4

Immediately appealable