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Criminal Defense Blog

Getting a Speedy Trial in Georgia

Posted by Ryan Brown | Nov 19, 2019 | 4 Comments

There are two ways to demand a speedy trial in Georgia. There is a Constitutional speedy trial demand and a statutory speedy trial demand. One of them comes from rights given to you by the Constitution and the other comes from a law passed by the Georgia legislature giving you the right to demand a speedy trial. 

This blog is going to focus on the statutory speedy trial demand because it has a more straightforward application and is more common. 

How do We File a Speedy Trial?

A speedy trial demand has rigorous demands and if it isn't filed properly then the judge will deny your motion - I can guarantee that. 

First, you must a file a motion that is clearly captioned and separate from any other document or motion. Second, the motion must be filed in the same term of court (more on that in a minute) you were indicted, or the next term of court. You must serve a copy on the prosecutor and the judge, and there must be jurors empaneled during the terms of court. Further, the defendant must be present and announcing ready for trial.

How Long Does the Government Have to Try Me?

If you file a proper statutory demand for speedy trial then the government must provide you with a trial within two terms of court - three terms for a case that carries life in prison. Terms of court are set by the Georgia legislature and they vary from county to county. For instance in Coweta County terms of court are six months in length whereas in Carroll County they are only three months.

What if the Government Doesn't Give me a Trial Within Two Terms of Court?

Your case is dismissed. Yes, if you successfully file a speedy trial demand and you aren't tried then you win. For that reason, the rules are strictly enforced against the defendant in these scenarios. 

If you are looking to have your case tried, and want to do it is a speedy fashion contact us and talk with Ryan today. 

About the Author

Ryan Brown

Ryan Brown has always hated bullies. Growing up, Ryan took on bullies, fighting for those who needed his help. His parents always told him, "Never start a fight, but always defend yourself." When a prosecutor brings charges against you, they have picked a legal fight. You must defend yourself. P...

Comments

Lavornia Carter Reply

Posted Aug 19, 2020 at 17:05:02

I need to file a motion to a fast and speedy trial

Ryan Brown Reply

Posted Aug 19, 2020 at 17:25:20

We’d be happy to help. Give us a call at 470-635-1725

Robert Twiggs Reply

Posted Aug 31, 2020 at 22:58:31

This is actually my cousin and he had filed a speedy trial within his court term, but he had a hearing in the third court term, but he wasn’t ever present, but in 2008 his case was not tried within two court terms. His case is fraudulent. Also his arrest warrant was not signed by a judge and his arrest warrants was forged and not filed in the clerks office. The clerk sent him a letter saying that she could not verify the judges name on his warrant. He has medical records to prove his innocence. Come to find out his ex wife put him in prison and he’s the eight man to go to prison. Her cousin did a deposition with his attorney and told how that man got setup…. Could someone help this man? This man was a professional bowler with ESPN and he worked for Clayton county board of commissioners…. Please!

Ryan Brown Reply

Posted Sep 01, 2020 at 08:22:48

Please give us a call at (470) 635-1725

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