2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 2 - Arrest by Law Enforcement Officers Generally
§ 17-4-26. Duty to Bring Persons Arrested Before Judicial Officer Within 72 Hours; Notice to Accused of Time and Place of Commitment Hearing; Effect of Failure to Notify

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.

(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.)

- 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.

- 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, "Bail in Georgia: Elimination of 'Double Bonding' - A Partially Solved Problem," see 8 Ga. St. B.J. 220 (1971). 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).

ANALYSIS

• General Consideration
• Limitations on Release for Delay

OPINIONS OF THE ATTORNEY GENERAL

Probation violators.

- O.C.G.A. § 17-4-26 applies equally to probation violators who are arrested under warrants secured at the instance of probation supervisors. 1988 Op. Att'y Gen. No. U88-14.

Magistrate court may, sua sponte, order the release of arrestees who have been arrested without a warrant and when no warrant has been procured as required by O.C.G.A. § 17-4-26, and also when an individual has been arrested with a warrant, but has not been afforded a first appearance hearing within 72 hours of arrest as required by that section. 1988 Op. Att'y Gen. No. U88-14.

- While it is possible for an individual to waive the individual's statutory right to a "first appearance," in writing, it would be necessary in every instance for a court to ensure that such a waiver is intelligently and competently made, and that the court's findings be made a part of the record of the case. 1988 Op. Att'y Gen. No. U88-14.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, § 75 et seq.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 21 et seq.

- Civil liability of officer making arrest under warrant as affected by his failure to exhibit warrant, or to state fact of, or substance of, warrant, 100 A.L.R. 188.

Liability of governmental unit or its officers for injury to innocent pedestrian or occupant of parked vehicle, or for damage to such vehicle, as result of police chase, 100 A.L.R.3d 815.