Tuesday, April 28, 2015

OCGA 17-4-26 provides for a commitment hearing within 72 hours of arrest with a warrant. OCGA 17-4-62 provides for a commitment hearing with...

Question

OCGA 17-4-26 provides for a commitment hearing within 72 hours of arrest with a warrant. OCGA 17-4-62 provides for a commitment hearing within 48 hours of arrest without a warrant. How can DeKalb County justify providing this hearing only for felony arrestees and not for misdemeanor arrestees?



Answer

Misdemeanor arrestees are automatically entitled to a bond. IF you make bond you are not entitled to a commitment hearing. So, IF you are automatically given a bond, there is less concern about a prelim.



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