A murder arrest represents one of the most serious situations anyone can face in the criminal justice system. For individuals arrested in Kennesaw, Georgia, understanding what happens in the hours, days, and weeks following the arrest can help reduce anxiety and enable better decision-making during this critical time. The legal process that follows a murder arrest involves multiple stages, strict timelines, and consequential decisions that will shape the entire case. Whether you’re facing charges yourself or supporting a loved one through this ordeal, knowing what to expect at each stage is essential.
The Initial Booking Process
Immediately following a murder arrest in Kennesaw, law enforcement transports the arrested individual to the Cobb County Adult Detention Center for booking. During this process, officers collect personal information, take fingerprints and photographs, and conduct a thorough search. The arrestee’s personal belongings are cataloged and stored. This booking procedure typically takes several hours, and the individual will remain in custody while awaiting their first court appearance.
Unlike lesser offenses where bail might be set according to a predetermined schedule, murder charges require a bond hearing before a judge. There is no automatic right to bond for murder charges in Georgia, and the accused will remain in custody until a judge determines whether bond is appropriate.
The First Appearance and Bond Hearing
Within 72 hours of the arrest, the accused must appear before a judge for a first appearance. During this initial hearing, the judge informs the defendant of the charges, explains their constitutional rights, and addresses the question of legal representation. If the accused cannot afford an attorney, the court will appoint a public defender at this stage.
The bond hearing may occur during this first appearance or be scheduled separately. For murder cases, Georgia law allows judges to deny bond entirely, particularly if the evidence suggests the accused poses a danger to the community or is a flight risk. According to Georgia Code § 17-6-1, the prosecution bears no burden of proof at this stage, they simply need to present evidence that the defendant committed the offense. If bond is granted, it’s typically set at a substantial amount, often requiring hundreds of thousands of dollars or more.
Factors the judge considers when determining bond include the strength of the prosecution’s evidence, the defendant’s criminal history, ties to the community, employment status, family connections, and whether the defendant poses a threat to witnesses or the alleged victim’s family. Having legal representation at the bond hearing significantly impacts the outcome, as an attorney can present mitigating circumstances and argue for reasonable bond conditions.
Preliminary Hearing and Grand Jury Indictment
If the case proceeds, the next major milestone is the preliminary hearing, typically scheduled within 10-14 days of the arrest. During this hearing, a judge determines whether probable cause exists to believe the defendant committed the crime. The prosecution presents evidence and witnesses, while the defense has the opportunity to cross-examine and challenge the evidence. However, in many murder cases, prosecutors bypass the preliminary hearing entirely by seeking a grand jury indictment.
The grand jury process occurs behind closed doors without the defendant or their attorney present. The Cobb County District Attorney’s office presents evidence to a panel of citizens who decide whether sufficient evidence exists to formally charge the defendant with murder. If the grand jury returns an indictment, the case moves forward to arraignment. Grand jury proceedings typically occur within 90 days of the arrest, though timelines can vary.
Arraignment and Plea Entry
At the arraignment, the defendant appears before the superior court judge where they’ll face trial. The judge reads the formal charges from the indictment, and the defendant enters a plea, typically “not guilty” at this stage. The court also addresses scheduling matters, setting dates for pre-trial motions, discovery deadlines, and potentially a trial date.
This is when the serious work of building a defense begins. The discovery process allows the defense to review all evidence the prosecution intends to use, including police reports, witness statements, forensic evidence, and any audio or video recordings. Defense attorneys file motions to suppress illegally obtained evidence, challenge witness testimony, or seek dismissal based on legal deficiencies in the case.
Pre-Trial Proceedings and Trial Preparation
The months between arraignment and trial involve intensive preparation. Defense attorneys investigate the facts, interview witnesses, hire forensic consultants when necessary, and develop defense strategies. Pre-trial motions become crucial, challenging the admissibility of evidence, questioning the validity of searches and seizures, and filing motions to exclude prejudicial information.
During this phase, plea negotiations may occur. While murder charges are serious, prosecutors sometimes offer reduced charges in exchange for guilty pleas, particularly if evidence is problematic or witnesses are unreliable. However, these decisions carry life-altering consequences and require careful consideration with experienced legal counsel.
How We Navigate Murder Defense Cases
At The Law Office of Ahmad R. Crews, LLC, we recognize that murder charges demand immediate, aggressive action. Our approach involves starting trial preparation as soon as we receive discovery, thoroughly investigating every aspect of the case, and preparing comprehensive motions to challenge the State’s evidence in every legally permissible way. We talk to prosecutors early and often, exploring all possible avenues for favorable resolution.
Because our firm focuses exclusively on criminal defense, we dedicate ourselves completely to understanding the specific laws and procedures that apply to your case. We provide direct access throughout the entire process and commit ourselves fully to investigation and case preparation, regardless of the time and effort required. Whether your case involves questions about evidence admissibility, witness credibility, or constitutional violations, we work tirelessly to protect your rights and freedom.
If you or a loved one has been arrested for murder in Kennesaw or anywhere in Cobb County, time is critical. Understanding your rights and options from the very beginning can significantly impact the outcome. For immediate assistance and guidance through this challenging process, visit our contact page to discuss your situation.