Is it common for the courts to not indict someone on a low-level theft charge in Georgia.

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Unless an arrestee has already bailed out of jail, the arresting agency or county sheriff’s department must bring him or her before a judicial officer (a magistrate or judge) within 48 hours after a warrantless arrest. (Ga. Code § 17-4-62.) The timeframe is 72 hours if there was an arrest warrant. (Ga. Code § 17-4-26.) (For an arrestee who has bailed out of jail, the next court appearance—either a commitment hearing or an arraignment—may be several days or a couple weeks later.) In Georgia, defendants accused of felonies have a right to indictment by grand jury. The judge or magistrate will inform the defendant of this right at the initial appearance and of the time the next grand jury will convene. (Ga. Unif. Super. Ct. R. 26.1.) The prosecutor would have to file within the statute of limitations or the case would be dropped. Most misdemeanors have to be filed within 2 years and felonies within 4 years.

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