For those of you who were sleuthing the rules and procedures for the commitment hearing, is there a time limit within which this hearing must take place? TIA
From the reading I have done, in GA, the commitment hearing, Probable Cause hearing, and Preliminary Hearing are all the same things, just being called different things from various sources (which is why it seems so confusing). In GA it is referred to as a Commitment Hearing or Preliminary Hearing. During this Hearing, the Judge will hear evidence to establish probable cause. The evidence will not be in depth like you would see at a trial.
After hearing the evidence, the Judge will set bail or not.
Each individual has the right to make bail within 90 days after being incarcerated prior to a conviction and without a grand jury indictment.
Here is what has to happen
1. A grand jury indictment, the judge will set bail based on the indictment.
or
2. A Preliminary hearing where the judge will hear probable cause from the prosecution and reasons as to why the suspect is not guilty from the defense. After hearing the probable cause, the judge will either set bail, deny bail, or release the individual.
or
3. The defense can force a grand jury indictment by requesting a probable cause hearing, however, the prosecution still has 90 days to prepare for that hearing or to get an indictment back from the grand jury.
or
4. The defense can plead guilty, forgoing probable cause hearing and trial. The judge will sentence. This generally happens when there is a plea deal.
By 90 days, it is 90 days from the day the individual was incarcerated.
So sometime during the early party of March at the latest.
