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How long can they keep you in jail with charges pending?

Rome, GA |
Attorney answers 4

Best Answer

In general terms, the state has 48 hours (if there was no warrant for the arrest) or 72 hours (if there was an arrest warrant) from the time of arrest either to bring the person before a magistrate or release them on bond. If they are saying the charges are pending, it is my suspicion that it was a warrantless arrest, but I might also suggest that, if she is being held, you may do well to start looking for a lawyer to represent her now, so that he can either negotiate to have her released on bond or be ready to represent her at her first appearance, which should take place shortly.


It all depends on the pending charges and if she has any other holds. An experienced attorney may be able to help expedite her release. Please feel free to call me at 404-591-7229 if you would like to chat further.


The short answer to your question is that she will be in custody on these charges until she posts bail or until her case is completed (dismissal, plea, trial, etc..).

Your next question is probably how quickly can she post bail, because no one wants to wait the weeks, months, or years that it sometimes takes to close a case. When a loved one is arrested and accused of a crime, a local magistrate judge will likely set a bail amount for their release. This is a way for them to regain their freedom and go about their lives while their case is pending. This bail amount can usually be met using either cash, real estate, or through the use of a surety like a bail bonding company.

Some offenses are bailable only by a Superior Court. Most other offenses can have bail set sooner (within days) by a Magistrate court. A person charged with any offense which is bailable only before a judge of the Superior Court will have to petition the Superior Court for bail. People on probation or parole or that have a hold (detainer) on them from another county or state will have a very difficult time getting bail from either a Magistrate or Superior Court.

For more detail, visit my website at the link below. Good luck.

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Within 48-72 hours, she will be taken before a judge. The judge will inform her of the charges and her rights. At this time, bond may be set (unless she is charged with a crime that is only bondable in front of a superior court judge). If bond is not set, she needs to get an attorney and file a motion for bond and for a preliminary/committal hearing. These will then be set for a hearing. If she still does not get bond, the State has 90 days to present the case to the grand jury for indictment. If the case is not indicted within 90 days, she would then be entitled to bond. That doesn't mean she gets out; it simply means that a bond amount has to be set (it may be an amount that she cannot make). If she is indicted in 90 days and does not get a bond, the State can hold her for trial indefinitely, subject to statutory and constititional speedy trial provisions. If she files a speedy trial demand, the State has two terms of court within which to try her. If she does not (an most defendants don't for various reasons), the case could take several more months to get to trial. At this point this person needs to retain a lawyer to work on her defense.

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