My nephew has been in jail in georgia for 18 months without a trial. he was arraigned 8 months after his arrest is this lawful?

Asked over 3 years ago - Fayetteville, GA

The charges are multiple counts ID theft, reckless driving. He also has no bond. During his time in jail two judges had to resign based on unlawful acts/allegations. His PD also had to resigned because of a sex scandal. One of the PD's there unfortunately passed away suddenly on Christmas eve and we are now confused as to what can happen from this point. He was arrested in Sept., indicted in March and arraigned in April. Are there statutes of limitations that were violated? He now has a trial scheduled for Jan 31st (in a few weeks) and we are nervous about the representation he will get and if he will get prison time just based on the fact that he's been neglected. Please help! By the way, he has never been arrested before.

Attorney answers (2)

  1. David Edward Boyle

    Contributor Level 15

    Answered . There is no set time period for a case to be tried. However your nephew or his attorney can file for a statutory speedy trial demand as well as a constitutional speedy trial demand. They have the possibility of resulting in the case being dismissed. I would encourage you to talk with his attorney about these options if his case is not reached this month.

  2. Ashleigh Bartkus Merchant

    Contributor Level 6

    Answered . Wow. It sounds like he is dealing with some of the issues that have been plaguing the Griffin Judicial Circuit in Georgia. Unfortunately Georgia does not have a speedy trial act, like the one in Federal Court, that mandates his case be tried in a certain amount of time. Had his original trial attorney filed a "Demand for Speedy Trial" then his case would have moved forward to trial or it would have been dismissed. However, it is too late for such a "Demand" to be filed now. Now his case must be tried in accordance with the Constitutional Speedy Trial provisions which do not create a definite time limit for his trial to take place. However, if a court finds that his right to a constitutional speedy trial has been violated, it can dismiss the case. These circumstances are rare. Good luck!

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