Every law enforcement officer arresting under a warrant shall exercise reasonable diligence in bringing the person arrested before the judicial officer authorized to examine, commit, or receive bail and in any event to present the person arrested before a committing judicial officer within 72 hours after arrest. The accused shall be notified as to when and where the commitment hearing is to be held. An arrested person who is not notified before the hearing of the time and place of the commitment hearing shall be released.
History. Orig. Code 1863, § 4606; Code 1868, § 4629; Code 1873, § 4726; Code 1882, § 4726; Penal Code 1895, § 899; Penal Code 1910, § 920; Code 1933, § 27-210; Ga. L. 1956, p. 796, § 1; Ga. L. 1995, p. 932, § 1.
Cross references.
Delivery of mentally ill persons, alcoholics, and others to emergency receiving facilities upon apprehension by peace officer, §§ 37-3-41 , 37-3-42 , 37-7-41 , 37-7-42 .
Bail in magistrate court felony cases, Uniform Rules for the Magistrate Courts, Rule 23.2.
Initial appearance hearing in magistrate court, Uniform Rules for the Magistrate Courts, Rule 13.
Law reviews.
For note, “Bail in Georgia: Elimination of ‘Double Bonding’ — A Partially Solved Problem,” see 8 Ga. St. B.J. 220 (1971).
For article discussing preliminary hearings in felony cases as necessary to satisfy due process requirements, see 12 Ga. St. B.J. 207 (1976).
For note, “A ‘Critical’ Question of State Law: Georgia’s Ambiguous Treatment of Initial Appearance Hearings and the Implications of Bail Reform,” see 54 Ga. L. Rev. 363 (2019).