I assume you have retained a criminal defense attorney to represent you. on a felony charge. If not, do so ASAP. A GA lawyer will meet with you in private and discuss all your concerns. Good luck.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Depends on how hard your lawyer pushes the case. There are things an attorney can do to speed things up, if that is your wish. If you want to drag things out, you should discuss that with a lawyer also. Call me if I can provide any further information.
No attorney client relationship has been, or is being formed as a result of this response to your question. If you feel you need legal advice, you are strongly encouraged to retain an attorney and consult with that attorney about this issue.
There are a lot factors that go into the time interval between the preliminary hearing & a trial. No competent attorney can give a cogent answer or estimate, based on the information presented here.
I am not your attorney nor is there an attorney-client relationship, even though I have answered your question here on Avvo.com.
There is not set time. However, if you have a lawyer he can file certain motions to speed the time up, or, if too much time elapses possibly have the case dismissed for lack of a speedy trial.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
The State must accuse or indict the case within the statute of limitations. For a felony this is usually 4 years, but can be more. However, the State typically indicts well before this time period. Once they indict then your lawyer can demand a speedy trial in the first or second term of court after indictment if the charge is not a capital offense. The state will have two terms to have a trial if they do not the charges will be dismissed. Terms very but are usually 3 months. O.C.G.A. 17-7-170 sets out the procedure for filing a speedy trial. If two terms have past since the indictment then you can still ask the court for a speedy trial. If it has been a ridiculous amount of time you can file a motion for speedy trial under the U.S. Constitution's 6th amendment. The test to look at in Georgia is found in the U.S. case Supreme Court case Barker v. Wingo.