After a new arrest, Georgia rules require that an in custody Defendant be presented before a Magistrate for a First Appearance. Rule 26.1 of the Uniform Superior Court Rules of Georgia states specifically that "Immediately following any arrest but not later than 48 hours if the arrest was without a warrant, or 72 hours following an arrest with a warrant, unless the accused has made bond in the meantime, the arresting officer or the law officer having custody of the accused shall present the accused in person before a magistrate or other judicial officer for first appearance."
Rule 26.1 further sets out that the Magistrate shall summarily inform the Defendant:1) of the charges, 2) the right to remain silent, 3) the right to the presence and advice of an attorney, either retained or appointed 4) Set the amount of bail.
First Apperance is only given to in custody Defendants. A Defendant that is out on bond, will not get a First Appearance at a later time. If you've been arrested in Gwinnett, DeKalb, Cobb, Clayton, or Fulton County call our office. The consultation is free. The State has Prosecutors working to build their case against you. It is important to have a skilled criminal defense attorney working to defend you! Call the Law Office of Robert L. Booker today, and let us discuss your case with you.