What Happens After a Felony Arrest in Georgia?

Last updated: October 27, 2026

A felony arrest in Georgia starts a process with several distinct stages, each with its own deadlines and decisions. Knowing what comes next helps you and your family make better choices, especially in the first few days. This guide walks through each step, from booking to trial, and explains the Georgia laws that govern them.

Step 1: The Arrest

A felony arrest happens either on a warrant signed by a judge or without a warrant when an officer believes there is probable cause. You have the right to remain silent and the right to an attorney. Anything you say to officers, including on the phone from jail, can be used later, so it is usually wise to say little beyond identifying yourself until you have spoken with a lawyer.

Step 2: Booking

At the county jail, officers record your personal information, take fingerprints and photographs, and inventory your belongings. Depending on the charge, you may be held until you see a judge or released on a scheduled bond.

Step 3: First Appearance and Bond

Georgia law sets firm deadlines for bringing an arrested person before a judge. A person arrested on a warrant must be presented to a judicial officer within 72 hours (O.C.G.A. § 17-4-26), and a person arrested without a warrant must be brought before a judicial officer within 48 hours (O.C.G.A. § 17-4-62). At this first appearance, the judge explains the charges, addresses your right to counsel and considers bond. The Supreme Court of Georgia has held that the 72-hour rule requires you to be presented to the judge in that time, not that a full commitment hearing be held within it (Tidwell v. Paxton, 2007).

How bond is decided

Under O.C.G.A. § 17-6-1(e), a court may release a person on bond if it finds the person poses no significant risk of fleeing or failing to appear, no significant threat to any person or the community, no significant risk of committing a felony while the case is pending, and no significant risk of intimidating witnesses. The court also considers the person’s finances, income and obligations to dependents. In family violence cases, bond must be set individually by a judge rather than from a bail schedule, and it includes conditions such as no contact with the alleged victim (§ 17-6-1(f)(2)).

Charges that only a Superior Court judge can set bond for

For certain serious offenses, a magistrate cannot set bond; only a Superior Court judge can (§ 17-6-1(a)). These include murder, rape, aggravated sodomy, armed robbery, first-degree home invasion, aggravated child molestation, aggravated sexual battery, drug trafficking, sale or distribution of Schedule I or II drugs, aggravated stalking, and kidnapping, arson, aggravated assault or burglary when the person has certain prior convictions or was on probation, parole or bond. A person charged with one of these offenses can petition the Superior Court for bond, and the court must set a hearing within 10 days of receiving the petition (§ 17-6-1(d)). This is often one of the first things a defense attorney does.

Step 4: Preliminary (Commitment) Hearing

At a commitment hearing, a judge decides whether there is probable cause to send the case to Superior Court. It is not a trial, but it can be the first chance to hear the State’s evidence and question the arresting officer. Georgia courts have held that a person who is released on bond within the required time is not entitled to a commitment hearing (Watts v. Pitts, 1984), and once a grand jury returns an indictment, the right to a commitment hearing becomes moot (Spears v. Johnson, 1986).

Step 5: Grand Jury Indictment

The District Attorney presents felony cases to a grand jury, which decides whether to return an indictment, the formal charging document. The indictment lists each count and the statute charged. Its wording matters: an indictment that leaves out an essential element can be challenged.

Step 6: Arraignment

After the indictment, the case is set for arraignment in Superior Court. At arraignment you are formally told the charges and enter a plea, usually “not guilty” at this stage. The arraignment also starts the clock on several pretrial deadlines, which is why it matters to have a lawyer before that date. In many cases, a defense attorney can file paperwork that waives the formal reading of the indictment and enters the plea for you.

Step 7: Discovery and Pretrial Motions

Both sides exchange evidence, and the defense can file motions to suppress evidence obtained through an unlawful stop or search, to challenge statements, or to dismiss defective charges. Many cases are resolved at this stage, either because key evidence is excluded or because the parties reach an agreement.

Step 8: Plea or Trial

Most felony cases end in a negotiated plea, but every defendant has the right to a jury trial, where the State must prove each element beyond a reasonable doubt. Depending on your record and the charge, options such as first offender treatment or accountability courts may be available. If the case ends in a conviction, sentencing follows, either at the same hearing or at a later date.

How Long Does a Felony Case Take in Georgia?

There is no single timeline. Simpler cases may resolve in a few months, while serious felonies often take a year or more. If a person is held without bail and is not indicted within 90 days of arrest, Georgia law allows them to have bail set (O.C.G.A. § 17-7-50).

What You Can Do Now

Do not discuss the case with anyone except your lawyer, including on jail phones or social media.
Write down everything you remember about the arrest while it is fresh.
Keep copies of all paperwork you receive, including bond conditions and court dates.
Follow every bond condition exactly; a violation can lead to revocation.
Talk to a criminal defense attorney before your first court date. Our guide to your first court appearance in Cumming explains that hearing in more detail.

Guides to Specific Felony Charges

Frequently Asked Questions

How soon do you see a judge after a felony arrest in Georgia?

Within 72 hours if you were arrested on a warrant, and within 48 hours if you were arrested without one.

Can a magistrate set bond for any felony?

No. For offenses listed in O.C.G.A. § 17-6-1(a), such as rape, armed robbery and drug trafficking, only a Superior Court judge can set bond.

What happens after arraignment for a felony?

After arraignment, the case moves into discovery and pretrial motions, followed by plea negotiations or trial. Pretrial motion deadlines are often tied to the arraignment date.

Do I need a lawyer at the first appearance?

You have the right to counsel, and having a lawyer involved early can make a real difference in bond and in the decisions that follow.

Talk to a Defense Attorney

The Law Office of Jennifer Scalia represents people charged with felonies in Cumming and across Forsyth, Hall, Dawson and Lumpkin counties. Call (470) 505-9791 for a free, confidential consultation.

Sources: O.C.G.A. §§ 17-4-26, 17-4-62, 17-6-1 and 17-7-50 (2025); Georgia appellate decisions cited above.

Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, so please contact the Law Office of Jennifer Scalia for advice about your specific situation.