A reasonable time shall be given to the defendant and prosecutor for the preparation of the case. In no event shall the defendant be forced to attend the hearing without the aid of counsel if there is a reasonable probability of his securing counsel without too great delay. Where the hearing is postponed to a future day at the instance of either party or the court, it shall not be necessary to commit the defendant to jail pending the hearing; but he shall have the right to give bail for appearance at the hearing before the court of inquiry if the offense is bailable under the authority of the court.
History. Orig. Code 1863, § 4613; Ga. L. 1865-66, p. 236, § 1; Code 1868, § 4635; Code 1873, § 4732; Code 1882, § 4732; Penal Code 1895, § 908; Penal Code 1910, § 933; Code 1933, § 27-403.
Cross references.
Constitutional guarantee of benefit of counsel, Ga. Const. 1983, Art. I, Sec. I, Para. XIV.
Law reviews.
For article, “The Indigent Defendant in Georgia Prior to Gideon v. Wainwright,” see 2 Ga. St. B.J. 207 (1965).
For note, “Bail in Georgia: Elimination of ‘Double Bonding’ — A Partially Solved Problem,” see 8 Ga. St. B.J. 220 (1971).
Structure Georgia Code
Chapter 7 - Pretrial Proceedings
Article 2 - Commitment Hearings
§ 17-7-20. Persons Who May Hold Courts of Inquiry
§ 17-7-25. Power of Court to Compel Attendance of Witnesses
§ 17-7-26. Authority to Require Bonds to Secure Appearance of Witnesses
§ 17-7-29. Commitment of Defendant for Different Offense Than Stated in Warrant
§ 17-7-31. Endorsement of Names of State’s Witnesses on Warrant
§ 17-7-34. Effect of Informality in Commitment or Prior Proceedings