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Article 1 - General Provisions
§ 17-7-1. Jailing of Prisoners Where No Jail in County or When Deemed Necessary by Sheriff; Fees and Costs; Authority to Levy and Collect Tax - When there is no secure jail in a county or...
§ 17-7-2. When Sheriff Not Required to Receive Prisoner From Another County - The sheriff shall not be bound to receive a prisoner...
§ 17-7-3. List of Children in Detention Pending Trial Provided to Chief Judge and Prosecuting Attorney - The official in charge of any facility in which a...
Article 2 - Commitment Hearings
§ 17-7-20. Persons Who May Hold Courts of Inquiry - Any judge of a superior or state court, judge of...
§ 17-7-21. Holding of Court of Inquiry by Several Judicial Officers; Procedure for Deciding Questions - The judicial officer before whom the accused is brought may...
§ 17-7-22. Powers of Presiding Officer in Court of a Municipal Corporation to Bind Over or Commit Criminal Offenders to Jail - Any mayor, recorder, or other proper officer presiding in any...
§ 17-7-23. Duties of Court of Inquiry; Preclusion of Certain Courts From Trying Charges Involving Code Section 16-11-126 - History. Orig. Code 1863, § 4618; Code 1868, § 4640;...
§ 17-7-24. Time Granted Parties to Prepare Case and to Secure Counsel; Granting of Bail Where Hearing Delayed - A reasonable time shall be given to the defendant and...
§ 17-7-25. Power of Court to Compel Attendance of Witnesses - A court of inquiry shall have the same power to...
§ 17-7-26. Authority to Require Bonds to Secure Appearance of Witnesses - In the event of a commitment of the accused person,...
§ 17-7-27. Sheriffs and Constables to Accept Bond for Appearance of Witnesses; Approval of Sureties by Sheriff - The sheriffs and constables shall accept bond in such reasonable...
§ 17-7-28. Hearing of Evidence by Court of Inquiry; Right of Accused to Testify; Application of Rules of Evidence; Effect of Failure of Accused to Testify - The court of inquiry shall hear all legal evidence submitted...
§ 17-7-29. Commitment of Defendant for Different Offense Than Stated in Warrant - A court of inquiry may commit the defendant for a...
§ 17-7-30. Form of Commitment - The following form, or one in substance the same, shall...
§ 17-7-31. Endorsement of Names of State’s Witnesses on Warrant - Whenever any judicial officer sitting as a court of inquiry...
§ 17-7-32. Disposition of Commitment Form, Warrant, and Other Papers; Delivery of Accused to Person in Charge of Jail - History. Orig. Code 1863, § 4623; Code 1868, § 4647;...
§ 17-7-34. Effect of Informality in Commitment or Prior Proceedings - No defendant shall be discharged on a writ of habeas...
Article 3 - Indictments
§ 17-7-50. Right to Grand Jury Hearing Within 90 Days Where Bail Refused; Right to Have Bail Set Absent Hearing Within 90 Day Period - Any person who is arrested for a crime and who...
§ 17-7-50.1. Time for Presentment of Child’s Case to a Grand Jury; Exception - History. Code 1981, § 17-7-50.1 , enacted by Ga. L....
§ 17-7-51. Special Presentments Treated as Indictments; Entry Upon Minutes; Prosecutions Upon Special Presentments - All special presentments by the grand jury charging defendants with...
§ 17-7-52. Procedure for Indictment or Special Presentment of Peace Officer for Crime in Performance of Duties; Notification; Rights of Officer - History. Ga. L. 1975, p. 607, § 1; Ga. L....
§ 17-7-53. Operation of Two Returns of “No Bill” on Charge as Bar to Future Prosecution for Same Charge - Two returns of “no bill” by grand juries on the...
§ 17-7-53.1. Quashing of Second Grand Jury Indictment or Presentment Bars Further Prosecution - If, upon the return of two “true bills” of indictments...
§ 17-7-54. Form of Indictment by Grand Jury - Georgia, _______________ County. The grand jurors selected, chosen, and sworn...
§ 17-7-55. Empaneling Concurrent Grand Juries - In any term of court when the public interest requires...
Article 4 - Accusations
§ 17-7-70. Trial Upon Accusations of Felony and Misdemeanor Cases in Which Guilty Plea Entered and Indictment Waived - Judges of the superior court may open their courts at...
§ 17-7-70.1. Trial Upon Accusations in Certain Felony and Misdemeanor Cases; Trial Upon Plea of Guilty or Nolo Contendere - History. Code 1981, § 17-7-70.1 , enacted by Ga. L....
§ 17-7-71. Trials of Misdemeanors; Trial of Misdemeanor Motor Vehicle Violations; Form and Contents of Accusations; Amendment of Accusation; Service of Amendment Upon Defendant; Continuances - Click to view Click to view IN THE COURT OF...
§ 17-7-72. Jurisdiction of Probate Courts to Try Certain Drug and Alcohol Offenses - In probate courts which have jurisdiction over misdemeanor possession of...
§ 17-7-73. Trial of Litter Offenses Upon Summons or Citation Without Accusation - In probate, magistrate, and municipal courts that have jurisdiction over...
Article 5 - Arraignment and Pleas Generally
§ 17-7-90. Issuance of Bench Warrant; Execution; Receiving Bail, Fixing Bond, and Approving Sureties - History. Orig. Code 1863, § 4608; Code 1868, § 4630;...
§ 17-7-91. Date of Arraignment; Notice; Service of Notice and Fee Therefor; Notice to Surety on Bond; Arraignment; Receipt and Entering of Plea; Establishment of Time for Trial; Effect of Appearance and Plea on Notice Requirement - History. Code 1933, § 27-1401, enacted by Ga. L. 1966,...
§ 17-7-92. Service of Notice of Filing of Indictment, Special Presentment, or Accusation Against Corporation; Return of Service; Failure of Corporation to Appear or Enter Plea; Judgment and Execution Against Corporate Property - Whenever an indictment, special presentment, or accusation against a corporation...
§ 17-7-93. Reading of Indictment or Accusation; Answer of Accused to Charge; Recordation of “Guilty” Plea and Pronouncement of Judgment; Withdrawn Guilty Pleas; Pleas by Immigrants - History. Laws 1833, Cobb’s 1851 Digest, p. 834; Code 1863,...
§ 17-7-94. Recordation and Effect of Plea of “Not Guilty” or of Standing Mute - If the person accused of committing a crime, upon being...
§ 17-7-95. Plea of Nolo Contendere in Noncapital Felony Cases; Imposition of Sentence; Use of Plea in Other Proceedings; Use of Plea to Effect Civil Disqualifications; Imposition of Sentence Upon Plea Deemed Jeopardy - History. Ga. L. 1946, p. 142, §§ 1-3; Ga. L....
§ 17-7-96. Prosecuting Officer to Enter Arraignment and Plea on Indictment or Accusation - The arraignment and plea of the person accused of committing...
§ 17-7-97. Proceedings Upon Failure of Clerk to Record Arraignment and Plea; Effect of Proceedings - If the clerk of the court shall fail or neglect...
Article 6 - Demurrers, Motions, and Special Pleas and Exceptions
Part 1 - General Provisions
§ 17-7-110. Time for Filing Pretrial Motions - All pretrial motions, including demurrers and special pleas, shall be...
§ 17-7-111. Demurrers and Special Pleas to Be in Writing; Right to Plead “Not Guilty” if Demurrer or Plea Denied - If the defendant, upon being arraigned, demurs to the indictment,...
§ 17-7-112. Plea of Misnomer - A plea of misnomer should state the true name of...
§ 17-7-113. Time for Making Exception to Form of Indictment or Accusation - All exceptions which go merely to the form of an...
Part 2 - Insanity and Mental Incompetency
§ 17-7-129. Mental Capacity to Stand Trial; Release of Competency Evaluation to Prosecuting Attorney - History. Code 1981, § 17-7-129 , enacted by Ga. L....
§ 17-7-130. Proceedings Upon Plea of Mental Incompetency to Stand Trial - History. Orig. Code 1863, § 4195; Code 1868, § 4234;...
§ 17-7-130.1. Evidence as to Defendant’s Sanity at Time of Offense; Examination and Testimony by Psychiatrist or Psychologist - At the trial of a criminal case in which the...
§ 17-7-131. Proceedings Upon Plea of Insanity or Mental Incompetency at Time of Crime - (2.1) A plea of not guilty by reason of insanity...
Part 3 - Change of Venue
§ 17-7-150. Procedures for Change of Venue; Transfer of Case; Appeal From Denial of Change of Venue - Upon the hearing of the motion, it shall not be...
§ 17-7-151. Transfer Upon Change of Venue of Evidence, List of Witnesses, and Papers; Issuance of Subpoenas to Witnesses and Others by Clerk of Court Selected to Try Case - Whenever a change of venue is made, the clerk of...
§ 17-7-152. Subsequent Changes of Venue - If, on motion, the judge presiding in the court to...
Article 7 - Demand for Trial; Announcement of Readiness for Trial
§ 17-7-170. Demand for Speedy Trial; Service; Discharge and Acquittal for Lack of Prosecution; Expiration; Reversal on Direct Appeal; Mistrial and Retrial; Special Pleas of Incompetency - History. Ga. L. 1859, p. 60, § 1; Code 1863,...
§ 17-7-171. Time for Demand for Speedy Trial in Capital Cases; Discharge and Acquittal When No Trial Held Before End of Two Court Terms of Demand; Counting of Terms in Cases in Which Death Penalty Is Sought; Special Pleas of Incompetency - History. Ga. L. 1952, p. 299, §§ 1, 2; Ga....
§ 17-7-172. Requirement of Announcement by State of Readiness for Trial Prior to Announcement by Defendant; Speedy Trial - The state shall be required in every case to announce...
Article 8 - Procedure for Securing Attendance of Witnesses at Grand Jury or Trial Proceedings
§ 17-7-190. Subpoena of Material Witnesses for State for Appearance Before Grand Jury; Furnishing of Prosecuting Officers With List of Persons Subpoenaed - When any person accused of a criminal offense before a...
§ 17-7-191. Subpoena Process for Witnesses of Defendant; When Subpoenas May Be Extended to Witnesses Outside of County - The defendant may, upon application to the committing judicial officer...
§ 17-7-192. Continuance for Nonattendance of Witnesses Not Subpoenaed by Defendant - A defendant who fails to use the subpoena power provided...