My son was charged with conspiracy to obtain steroids and they are trying to give him trafficking also but he didn't have any on him. He was charged with 9 felonies. They have not brought him before a grand jury and he has been in jail since May 20. 2010. They offered him 3 years and do 20 years on paper buthis public defender said No as we don't even know what or if he will be indicted. How long can they hold him with no grand jury indictment? He isin Caloun GA.

Hello m:

There are TWO ways a prosecutor brings charges. One is an indictment from the grand jury, and the other is an "information". Clearly, your son HAS been charged, because they couldn't keep him longer than 72 hours WITHOUT charges. Apparently, the prosecutor thinks a grand jury indictment will strengthen his case.

excon

The grand jury is not required in GA and in some counties only meet a few weeks a year unless a special one is called. So I am not up on your specific county in GA.

Normally they are merely charged with a first appearance ( he could waive that ) within the first three days where charges are read and a bail amount is set.

He can be held for months and months waiting to go to actual trial. Often in GA, it takes about 9 months just to get the drugs back from the state drug lab, and I have seen it take 12 months before.

He has already been charged, and they can go straight to the actual trial at this point.

If they want a grand jury on the additional charges, they can take their time, since he is already in jail on the other charges

As long as they want... not really sure.

The police pick my brother up on 12/02/10 for rap and he have not been indicted they say the rap happen in 09/10 they gave him a bond two days pass his 90th day in jail its so high we can't make bond for him than the judge said to the da if they have not indicted him in to weeks thry will cut the bond in hafe to weeks have pass and they have not did anything my family and I need help my brother is in jail for something he did not do and the only thing the da is saying is when the judge ask about the rap kit that the gbi is bagged up someone help us this is my brother life

I was recently locked up for 27 months for commercial burglery and a theft by taken. To the best of my knowledge in the state of Georgia the district attorney only has 90 days to get an indictment then you are intiltled to a bond if your first appearance was denied witch mine was. Well it took me 19 months to get a bond on these charges and I am still as of 3/08/2013 not indicted. So I was held for 19 months with no bond and no indictment. Am I entitled to a compinsation for my lost time?

I donbt it. The last time I looked, Georgia didn't have a speedy trial rule, as do the courts in most other states. Who would you have pay you compensation? After you were jailed, were you brought before a judicial officer at all during those 19 months? If so, I suspect the judge is immune from liability for whatever mistake of law he or she may have made.

You must not have looked at any point in the last three years. Right here, chief:

O.C.G.A. § 17-7-170 - Demand for speedy trial; service; discharge and acquittal for lack of prosecution; expiration; reversal on direct appeal; mistrial and retrial