Check out some similar questions!

joannstricklin2 · Apr 14, 2012, 12:00 PM

What web site do I find the forms to file with the court for Indict or release in Cobb County , Georgia?

AK lawyer · Apr 14, 2012, 12:20 PM

That doesn't appear to be available at the court clerk website.

What is it you want again? Normally, indictments would be the purview of the grand jury. You can't do it on your own. And a release would be up to a judge. Again, it's not up to you.

joannstricklin2 · Apr 14, 2012, 12:54 PM

Originally Posted by AK lawyer

That doesn't appear to be available at the court clerk website.

What is it you want again? Normally, indictments would be the purview of the grand jury. You can't do it on your own. And a release would be up to a judge. Again, it's not up to you.

Friend in jail public defender won't reply. Friend wants to file for an indict or release. Been held for 5 months without indicment. Thought we could find one on line and file himself.How long can he be held without indictment? Can't make bail.
Thanks you for your reply.

AK lawyer · Apr 14, 2012, 02:20 PM

If the PD won't reply, your friend needs another lawyer. Has the PD been appointed to represent him? If so, he cannot file things on his own. He should write the judge complaining that the PD isn't properly representing him.

It looks like this may be a violation of Georgia's speedy trial rule. Oh, a review of Title 17 of the Georgia Code suggests that they don't have one. It must be a matter of case law.

Interesting. I don't see in in the Georgia Constitution either. Well, I know it's in the U.S. Constitiution, and that applies to Georgia (since 1865, anyway).

Fr_Chuck · Apr 14, 2012, 03:04 PM

In GA there does not have to be a Grand Jury indictment, They may be arrested by the police officer and given a first appearance the next morning where they are formally charged. And latter given a bail hearing.

So I am not sure what you want, Also GA does not have a specific time for speedy trial, Most of GA is about one year from arrest to court. If there is evidence at the State Crime Lab it can be longer I have seen almost 16 months for drugs to get back from the Crime Lab. *** not like CSI on TV.

So what you are asking about, if he has been formally charged at a first appearance, then there is nothing to do but try and work on a plea or work on a speedy trial.

AK lawyer · Apr 14, 2012, 03:37 PM

Originally Posted by Fr_Chuck

... Also GA does not have a specific time for speedy trial, Most of GA is about one year from arrest to court. ....

Crackers. :(

joannstricklin2 · Apr 14, 2012, 04:03 PM

Thanks for the all feed back

Been told could be as long as two years for indicment. Cannot file for a speedy trial until there is an indictment. Where do I find rights to speedy trial in the US Constitution?

joannstricklin2 · Apr 14, 2012, 04:04 PM

Originally Posted by AK lawyer

If the PD won't reply, your friend needs another lawyer. Has the PD been appointed to represent him? If so, he cannot file things on his own. He should write the judge complaining that the PD isn't properly representing him.

It looks like this may be a violation of Georgia's speedy trial rule. Oh, a review of Title 17 of the Georgia Code suggests that they don't have one. It must be a matter of case law.

Interesting. I don't see in in the Georgia Constitution either. Well, I know it's in the U.S. Constitiution, and that applies to Georgia (since 1865, anyway).

Court apppointed attorney. No way of contacting from jail. Will suggest that he contact judge somehow. Thank you

Fr_Chuck · Apr 14, 2012, 04:37 PM

I think you are confusing terms, he will have a trial, not a "indictment" he has already been formally charged to be in jail for this time. All the terms is, he is entitled to a speedy trial, the issue is there is no law on how long that can be, it can be, as long as it takes according to the number of motions filed , evidence issues and so on.

I will assume he can not make bail, so he is in jail, on the positive issue, the time he is in jail should count toward his prison time ( assuming he is convicted)

Fr_Chuck · Apr 14, 2012, 04:37 PM

I think you are confusing terms, he will have a trial, not a "indictment" he has already been formally charged to be in jail for this time. All the terms is, he is entitled to a speedy trial, the issue is there is no law on how long that can be, it can be, as long as it takes according to the number of motions filed , evidence issues and so on.

I will assume he can not make bail, so he is in jail, on the positive issue, the time he is in jail should count toward his prison time ( assuming he is convicted)

AK lawyer · Apr 14, 2012, 04:51 PM

Originally Posted by joannstricklin2

... Where do I find rights to speedy trial in the US Constitution?

"The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that

'[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial'

In Barker v. Wingo (1972), the Supreme Court developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant. A violation of the Speedy Trial Clause is cause for dismissal with prejudice of a criminal case.
.. . " Speedy Trial Clause - Wikipedia, the free encyclopedia

joannstricklin2 · Apr 14, 2012, 08:20 PM

Originally Posted by Fr_Chuck

I think you are confusing terms, he will have a trial, not a "indictment" he has already been formally charged to be in jail for this time period. All the terms is, he is entitled to a speedy trial, the issue is there is no law on how long that can be, it can be, as long as it takes according to the number of motions filed , evidence issues and so on.

I will assume he can not make bail, so he is in jail, on the positive issue, the time he is in jail should count toward his prison time ( assuming he is convicted)

This is what I found in the GA code that was suggested
§ 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;

Does this not apply?

He did not get bail until he had been in jail over 90 days 95 to be exact.
Charges ag assault, non violent violation of TPO, terroristic threat of wife's boyfriend all resulting from a divorce where his wife is pregnant by his best friend.

excon · Apr 15, 2012, 06:41 AM

Hello j:

Even IF we told you that he's being held illegally, and some of us MIGHT be saying that, you/he needs somebody to DO something about it. Your friend doesn't HAVE anybody... THAT should be his issue...

He needs to FIRE his lawyer... That's easy. He needs to write his lawyer a letter FIRING him for cause. He can cite that he hasn't visited his client in MONTHS... He should send his letter certified, return receipt requested, and send a copy to the judge AND to the prosecutor...

He doesn't need PERMISSION to fire his lawyer. He just needs to DO it. He'll be appointed a NEW lawyer, and maybe HE'LL do something.

excon

joannstricklin2 · Apr 16, 2012, 07:10 AM

Thank you best advice I heard so far. Bless you!

Originally Posted by excon

Hello j:

Even IF we told you that he's being held illegally, and some of us MIGHT be saying that, you/he needs somebody to DO something about it. Your friend doesn't HAVE anybody... THAT should be his issue...

He needs to FIRE his lawyer... That's easy. He needs to write his lawyer a letter FIRING him for cause. He can cite that he hasn't visited his client in MONTHS... He should send his letter certified, return receipt requested, and send a copy to the judge AND to the prosecutor...

He doesn't need PERMISSION to fire his lawyer. He just needs to DO it. He'll be appointed a NEW lawyer, and maybe HE'LL do something.

excon

AK lawyer · Apr 16, 2012, 08:05 AM

Originally Posted by excon

...
Even IF we told you that he's being held illegally, and some of us MIGHT be saying that, ...

What I was saying is that the Federal speedy trial constitutional right might apply. In one of the few cases on this, SCOTUS said that (depending on circumstances) 12 months was too long, but a lesser period is a grey area, also depending on circumstances.

Yes, he should definitely tell the judge in writing that he wants another lawyer. But someone outside of jail (such as OP) needs to monitor the situation, to make sure the judge does something.

joannstricklin2 · Apr 16, 2012, 08:21 AM

Originally Posted by ak lawyer

what i was saying is that the federal speedy trial constitutional right might apply. In one of the few cases on this, scotus said that (depending on circumstances) 12 months was too long, but a lesser period of time is a grey area, also depending on circumstances.

Yes, he should definitely tell the judge in writing that he wants another lawyer. But someone outside of jail (such as op) needs to monitor the situation, to make sure the judge does something.

Op?

excon · Apr 16, 2012, 08:29 AM

Originally Posted by joannstricklin2

op?

Hello again, j:

op = Original Poster. In other words, YOU. The lawyer is right... Everybody in the slam NEEDS somebody on the outside helping him. He's LUCKY to have someone like you.

excon

joannstricklin2 · Apr 16, 2012, 08:38 AM

Thanks for kind words. New to all this. Just trying to help, poor guy has the deck stacked againist him with GA Family Violence Laws. Friend of my son.

Originally Posted by excon

Hello again, j:

op = Original Poster. In other words, YOU. The lawyer is right... Everybody in the slam NEEDS somebody on the outside helping him. He's LUCKY to have someone like you.

excon