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Once someone has been locked up for a criminal offense, the first question on his loved one’s mind is ‘how do we get him out?’ As I’ve explained in previous posts, bond can be set at various points throughout the process (pre-set in warrants, set at first appearance or at preliminary hearings).  However, if no bond has been set by… read more →

Many people wrongly assume that whatever charge they’ve been arrested on is the only charge that the state can pursue against them at trial. In reality, the warrant is merely the starting point. Under Georgia law, formal charges (the charges that will be presented to a jury at trial) are brought through one of two ways: a grand jury indictment… read more →

In the last blog I discussed the First Appearance Hearing and as I noted in that article, the term "Preliminary Hearing" or "Commitment Hearing" or "Probable Cause Hearing" are often inaccurately referred to as First Appearances and vice versa. The reality is that the two hearings, while related, serve different purposes. [caption id="attachment_4522" align="alignnone" width="300"] Finding Probable Cause[/caption] DETERMINING PROBABLE… read more →

THE FIRST CHANCE TO FACE A JUDGE AFTER ARREST The first appearance hearing (often incorrectly referred to as a preliminary hearing or probable cause hearing) in a criminal case is typically the first chance for an inmate to appear before a judge after he’s been arrested.  Uniform Superior Court Rule 26.1 provides that an inmate arrested on criminal charges must… read more →