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What can I do if my trial is delayed for 15 months?

What can I do if my trial is delayed for 15 months?

Full question:

I was arrested in June 2006 and posted bond. I still have not had a cout date as of September 2007, 15 months. Can I do anything? The lawyer I paid $1,800.00 is not doing anything. Calls to District Attorney have not been returned.

Category: Criminal
Date: 04/07/2025
State: Georgia

Answer:

In Georgia, defendants have the right to request a speedy trial. This trial must occur within two terms of court from when the accusation is filed. If you have been charged with a crime, you can file a speedy trial demand with the court clerk. The state then has a specific time frame to bring your case to trial, or it may be dismissed.

Additionally, you have a constitutional right to a speedy trial. However, there isn't a strict timeline for how long a case can take before it qualifies for dismissal. You must demonstrate that a significant delay is the fault of the state and that this delay has hindered your ability to receive a fair trial.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the longest someone can be out on bail?

In general, there is no specific time limit for how long someone can remain out on bail. However, the bail arrangement can be affected by the progress of the case. If a trial is delayed significantly, like in your situation, it may be worth discussing with your attorney whether to request a speedy trial or to revisit the bail conditions. It's important to stay in communication with your lawyer to ensure your rights are protected.

What happens if you don't pay back a bond?

If you do not pay back a bond, the bond company may take legal action against you to recover the amount owed. This can include suing you for the balance or seeking to collect through other means. Additionally, failing to pay can result in the forfeiture of any collateral you provided when securing the bond. It's advisable to communicate with the bond company to discuss your situation.

Why would my bond be revoked?

A bond can be revoked for several reasons, including failure to appear in court, violating the conditions of release, or committing a new crime while out on bail. If your bond is revoked, you may be taken back into custody. It's essential to understand the terms of your bond agreement and comply with all requirements to avoid revocation.

What defines bail revoked?

Bail is revoked when a court determines that a defendant has violated the conditions set forth in the bail agreement. This can occur if the defendant fails to appear for a scheduled court date, commits a new offense, or otherwise breaches the terms of their release. Once revoked, the defendant may be required to return to jail until the case is resolved.

Why would a bond get revoked?

A bond can be revoked for various reasons, including non-compliance with court orders, failure to appear at court hearings, or engaging in illegal activities while on bail. If the court finds that the defendant poses a risk to public safety or is unlikely to appear for trial, it may decide to revoke the bond and return the defendant to custody.

Do bail bonds have a time limit?

Bail bonds do not have a strict time limit, but they are typically tied to the duration of the legal proceedings. If a case is delayed, as in your situation, the bond remains valid until the case is resolved or the bond is revoked. However, it's important to communicate with your bond agent to understand any specific terms or conditions that may apply.