QUESTION
How long after being arrested does the court have to get you back in there for a felony?
Asked on Mar 18th, 2013 on Criminal Law - Georgia
More details to this question:
My friend was arrested on Thursday morning. He went before the judge and was told his bail is $20000. He was sent to county jail. When should he expect to go back to court for a felony hearing. He thinks three days or charges will be dropped.
6 ANSWERS
John J. Carney
The prosecutor has 144 hours to indict or run a felony hearing or he will be released, the case is not "dropped."
Answered on Mar 20th, 2013 at 9:55 AM
Michael J. Breczinski
That is wrong. In Michigan they have to have a preliminary exam within 14 days. The three days is for being arrested and first appearing in front of a judge. That has already happened.
Answered on Mar 19th, 2013 at 4:33 AM
2 Awards
In Colorado, if you are arrested for a felony offense, you have a right to be taken before a judge to set bail. From you description, it appears that this has occurred. Once bail has been set, you will remain in custody until you bond out or the case has resolved. There are several hearings set after the initial bail setting. If a person is in custody is accused of felony in Colorado, he or she would have a right to a preliminary hearing. This is a probable cause hearing where the normal rules of evidence (presenting information) are suspended. This must be requested within seven days and held within 35 days (Colorado Rule of Court 5). After the preliminary hearing or waiver of said hearing there is an arraignment on the information and trial setting. This time frame depends on if your friend has waived statutory time limits and the classification of the felony.
Answered on Mar 19th, 2013 at 4:33 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your friend is wrong. He will remain in jail until he is either bailed out or until his case goes to trial which could take months. At his last court date, the judge should have told him when he would appear in court again.
Answered on Mar 19th, 2013 at 4:32 AM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
If he has already seen a judge, then he has been arraigned, so the "three days" that he is thinking of does not apply. The next court date after arraignment will depend on whether he entered a plea and whether he waived time for preliminary hearing of not. He should direct his questions to his attorney. If he hasn't hired a lawyer, the court has already appointed the public defender and he needs to address this issues with his public defender.
Answered on Mar 19th, 2013 at 12:27 AM
3 Awards
No - once he sees the judge and they give him bail, that is all they have to do for about 30 days. He will go again in a few days to get charges. Then, they will set a preliminary hearing. He should ask for a public defender.
Answered on Mar 19th, 2013 at 12:11 AM