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  #1  
Old 09-20-2010, 10:23 PM
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Default waiting on indictment, how long is too long?

My fiance' is currently facing armed robbery charges. He's been sitting in the county jail 90+ days and has yet to receive an indictment. He says he was suppose to receive an indictment within 30 days here in the state of Georgia? How true is this? If this is true, whom should I contact to let them know proper procedures were not followed. I'm lost and don't know what to do. Please help. Thanks
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Old 09-20-2010, 10:53 PM
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This is the only statute I could find that possibly relates to what you are talking about. I would say that he needs to get in touch with his attorney (or PD) if he has one. If not, here in Florida we can sometimes get something looked at by the judge if we send information to their judicial assistant or secretary. If you do that be sure to include any case number that you can find or they won't know who you are talking about.

Georgia Statute
§ 17-7-50. Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period


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 penalty is being sought, the superior court may, upon motion of the district attorney for an extension and after a hearing and good cause shown, grant one extension to the 90 day period not to exceed 90 additional days; and, provided, further, that if such extension is granted by the court, the person shall not be entitled to have the charge against him or her heard by the grand jury until the expiration of such extended period. 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.

I'm hoping one of our very wonderful attorney members will have some better advice for you in the morning.
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  #3  
Old 09-21-2010, 04:46 AM
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Quote:
Originally Posted by nktpt View Post
This is the only statute I could find that possibly relates to what you are talking about. I would say that he needs to get in touch with his attorney (or PD) if he has one. If not, here in Florida we can sometimes get something looked at by the judge if we send information to their judicial assistant or secretary. If you do that be sure to include any case number that you can find or they won't know who you are talking about.

Georgia Statute
§ 17-7-50. Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period


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 penalty is being sought, the superior court may, upon motion of the district attorney for an extension and after a hearing and good cause shown, grant one extension to the 90 day period not to exceed 90 additional days; and, provided, further, that if such extension is granted by the court, the person shall not be entitled to have the charge against him or her heard by the grand jury until the expiration of such extended period. 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.

I'm hoping one of our very wonderful attorney members will have some better advice for you in the morning.

Thanks...as i'm reading this i'm like . But i love your quote at the end "I'm hoping of or our very....". But I appreciate you giving me some info. iF I send this to him, maybe he'll know better than me since he be in the law library.
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