Question: My husband is incarcerated. He was not given a bond. However, after 90 days, by Ga law he was entitled to one. He has been incarcerated for almost 4 months now. the question is not regarding his bond...our question is, is there also a time limit on having an indictment before the charges have to be dropped? Because he has still not been indicted nor went to an accusation hearing or anything. His charges are drug related. Violations of Ga Controlled Substance Act.

Answer: If your husband is charged with a misdemeanor, the prosecutor has two year to bring an indictment. IF he is charged with a felony the prosecutor has four years, unless the felony is super serious (murder, armed robbery, rape). You never mention the charge in your question. In regards to the bond in 90 days. There is no automatic bond that is set after 90 days, IF there is no indictment. Your husband`s attorney must keep up with the 90-day date, and file a motion to have the hearing scheduled for sometime after the 90th day. IF your husband has a hearing on day 93, the judge must set a bond, IF there is no indictment. However, it may be a bond that your husband still cannot make.

Answered by Lawrence Lewis - Murder Attorney in Lawrenceville

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