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I was arrested two years ago for theft by conversion,

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felony, posted 2500.00 bail, have...
I was arrested two years ago for theft by conversion, felony, posted 2500.00 bail, have never heard any thing since. how long do I have to wait to at least have a prelimanary hearing to see if it can go to trail or get dismissed? This case is in rockdale co. ga.
Submitted: 6 years ago.Category: Criminal Law
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7/12/2011
Criminal Lawyer: Brandon M., Counselor at Law replied 6 years ago
Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12,620
Experience: Attorney
Verified
Hello there:

Defendants in a criminal matter in Georgia have a right to a speedy trial, if requested. A lot of times, it is to the defendant's advantage to delay going to trial. As more time passes, the harder it is for the prosecution to preserve evidence and a delay may improve the defendant's chances of winning.

However, defendants have a constitutional right to a speedy trial. In Georgia, this means that the defendant can demand to have their case heard as soon as possible. If the defendant makes this demand, their case must go to trial within 180 days. Also, if there are multiple court hearings on the defendant's schedule, the trial must be held within two court hearings even if 180 days has not passed.

I hope that helps you to understand the law in your situation. Let me know if further clarification is needed. Thank you.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
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Customer reply replied 6 years ago
My concern is at least haveing some type of prelimnanary hearing so to find out if its going to trail. Do I have to demand this or it there some king of rule
Criminal Lawyer: Brandon M., Counselor at Law replied 6 years ago
You can assume that it will be going to trial unless the prosecution dismisses the case. As long a the case is still open, the only question would be when it is going to trial, not if it is going to trial. Does that help?
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Customer reply replied 6 years ago
are you saying it will go straight to trial without any kind of hearing to see if it should go to trial
Criminal Lawyer: Brandon M., Counselor at Law replied 6 years ago
I apologize, but there may have been some confusion about where you are in the process. You have already entered a plea of "not guilty", correct?
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Customer reply replied 6 years ago
No, the warrant was served, I made bond which was already set on the warrant, have never had any kind of hearing to enter a plea
Criminal Lawyer: Brandon M., Counselor at Law replied 6 years ago
You will have to excuse my confusion; a "preliminary hearing" is technically any hearing prior to trial, but that phrase is typically used to describe a hearing that takes place immediately prior to trial to determine whether there is any possibility of the parties reaching compromise without a trial. Also, there is no "case" until the prosecution has actually filed. Sometimes these terms have meanings that are slightly different within the practice than from every day layperson usage, but I think that we are now on the same page.

If there has not even been an arraignment or an indictment, the prosecution is only bound by the statute of limitations for prosecution, which for a felony in Georgia is four years from the commission of the crime. It would be very rare for the prosecution to delay prosecution... as mentioned previously, delay prejudices the prosecution's case, not the defendant's, so if they would move forward if had the evidence to do so. There are no guarantees until the four years have passed, but a delay in prosecution means that there will be no prosecution 99% of the time.
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Customer reply replied 6 years ago
the alledged crime was 8 years ago, the warrant was sworn out by an individual, not law enforcement and not served until two years ago. I went on ga. web site and thought I read this crime had a 2 year statute of limitations for prosecution, was I wrong? Also I don"t know if it applies to the accused act or when the warrant was served.
Criminal Lawyer: Brandon M., Counselor at Law replied 6 years ago
The statute of limitations for criminal prosecution is codified in Georgia Code Annotated 17-3-1 through 17-3-2.2. The statute of limitations for misdemeanor prosecution is two years, but it is four years for most felonies (sometimes longer, depending on the crime). If the alleged act was 8 years ago, that would easily account for why the case has not been prosecuted.
Brandon M.
Brandon M., Counselor at Law
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Satisfied Customers: 12,620
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