[img height="1" width="1" style="display:none" ]https://www.facebook.com/tr?id=988108951570762&ev=PageView&noscript=1 [/img]

Criminal Defense Blog

Getting a Speedy Trial in Georgia

Posted by Ryan Brown | Nov 19, 2019 | 0 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...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free Consultation

Ryan Brown is ready to begin defending you and your rights today. The best defense is one that begins as early as possible. Prosecutors don't take days off and neither should you. Let us get started. Call today for a free consultation.

Where do We Help?

Because we only accept criminal defense matters, we are committed to representing people across the entire state of Georgia. Contact us today for help with your Georgia criminal case.

9B East Broad Street
Suite B1

NEWNAN, GA 30263
Mon, Tue, Wed, Thu, Fri, Sat, Sun: 12:00am - 12:00am

Copyright © 2020 Ryan Brown

This website if for general informational purposes only and is not to be considered legal advice. Each situation, case, and legal matter is unique and requires custom legal advice. Nothing communicated on this website or through this website constitutes an attorney-client privilege.