Legal Question in Criminal Law in Georgia

Time frame of process

In a felony case, after the first appearance, the state decided to not move any further at this point. I believe they are waiting for discovery information. (I am not sure) how long can they keep this case on hold before moving forward. Also, do I get to face the person/people or so called witness at any time in all of this criminal process? What if he is far from a credible person????


Asked on 10/04/04, 4:07 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Time frame of process

In general, you have a constitutional right to face your accuser, and, to a lesser extent, witnesses.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

Confidentiality Notice

This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

Read more
Answered on 10/04/04, 4:52 pm
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Time frame of process

Assuming the first appearance to which you refer was the arraignment following indictment, there is no specific time frame. In other words, the indictment satisfied the statute of limitation within which you must be prosecuted.

You could force the issue if their case is weak by filing a demand for speedy trial, but you may have waived the right due to the passage of time and the arraignment.

The State can not sit on it forever. At some point the delay would be prejudicial to your rights to a fair trial, and at that point the court might dismiss the prosecution if there could be a showing of prejudice, such as the unavailability of witness, or similar reasons.

There is a constitutional right to see, hear and cross examine witnesses called to testify against you.

Call if you would like to discuss this matter further.

Jim Hough

770-607-5300

Read more
Answered on 10/06/04, 10:47 am


Related Questions & Answers

More Criminal Law questions and answers in Georgia