onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Georgia Code - Criminal Procedure - Title 17

Legal Research Home > Georgia Laws > Criminal Procedure > Georgia Code - Criminal Procedure - Title 17

Georgia Code - Criminal Procedure - Title 17, Section 17-1-1

(a) Unless otherwise provided by law or by order of the court, every pleading subsequent to the entry of the initial indictment or accusation upon which the defendant ...

Georgia Code - Criminal Procedure - Title 17, Section 17-1-2

A 'penal action' is an action allowed in pursuance of public justice under particular laws. If no special officer is authorized to be the plaintiff therein, the state, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-1-3

The mistake or misprision of a clerk or other ministerial officer shall in no case work to the injury of a party where by amendment justice may be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-1-4

Any judgment, verdict, rule, or order of court which may have been obtained or entered shall be set aside and be of no effect if it appears that ...

Georgia Code - Criminal Procedure - Title 17, Section 17-2-1

(a) It is the policy of this state to exercise its jurisdiction over crime and persons charged with the commission of crime to the fullest extent allowable under, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-2-2

(a) In general. Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law. (b) Crime committed ...

Georgia Code - Criminal Procedure - Title 17, Section 17-2-3

This state claims jurisdiction of an offense committed on any of her boundary lines with other states for the county bordering on that part of the line where ...

Georgia Code - Criminal Procedure - Title 17, Section 17-2-4

(a) A defendant arrested, held, or present in a county other than that in which an indictment or accusation is pending against that defendant may state in writing ...

Georgia Code - Criminal Procedure - Title 17, Section 17-3-1

(a) A prosecution for murder may be commenced at any time. (b) Prosecution for other crimes punishable by death or life imprisonment must be commenced ...

Georgia Code - Criminal Procedure - Title 17, Section 17-3-2

The period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute does not include any period in which: (1) ...

Georgia Code - Criminal Procedure - Title 17, Section 17-3-2.1

(a) If the victim of a violation of: (1) Code Section 16-5-70, relating to cruelty to children; (2) Code Section 16-6-1, relating ...

Georgia Code - Criminal Procedure - Title 17, Section 17-3-2.2

In addition to any periods excluded pursuant to Code Section 17-3-2, if the victim is a person who is 65 years of age or older, the applicable period ...

Georgia Code - Criminal Procedure - Title 17, Section 17-3-3

If an indictment is found within the time provided for in Code Section 17-3-1 or 17-3-2, or other applicable statute, and is quashed or a nolle prosequi entered, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-1

An actual touching of a person with a hand is not essential to constitute a valid arrest. If the person voluntarily submits to being considered under arrest or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-2

The members of the organized militia or military forces shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-3

In order to arrest under a warrant charging a crime, the officer may break open the door of any house where the offender is concealed. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-20

(a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-20.1

(a) Whenever a law enforcement officer responds to an incident in which an act of family violence, as defined in Code Section 19-13-1, has been committed, the officer ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-21

The arresting officer shall take the arrested person before the most convenient and accessible judicial officer authorized to hear the case unless the arrested person requests otherwise, in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-22

No peace officer of this state or of any political subdivision thereof shall be denied the authority to arrest any person because of the race, creed, or national ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-23

(a) A law enforcement officer may arrest a person accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, or inspection of motor vehicles by ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-24

Every law enforcement officer is bound to execute the penal warrants given to him to execute. He may summon to his assistance, either in writing or orally, any ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-25

(a) Under a warrant issued by a judicial officer, an arresting officer may, in any county without regard to the residence of the arresting officer, arrest any person ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-25.1

(a) As provided in subsection (e) of this Code section, a sworn law enforcement officer from a county or municipality in which an offense is alleged to have ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-26

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 ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-27

It shall be the duty of all sheriffs, chiefs of police, and the heads of any other law enforcement agencies of this state to obtain, or cause to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-28

Any arresting officer who advises or encourages the dismissal or settlement of any criminal warrant placed in his hands for execution, either before or after an arrest is ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-29

(a) Any arresting officer who collects or receives any costs or other charges of a prosecutor or defendant in a case made on a state´s warrant, or of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-40

(a) Any judge of a superior, city, state, or magistrate court or any municipal officer clothed by law with the powers of a magistrate may issue a warrant ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-41

(a) An affidavit made or warrant issued for the arrest of a person who is accused of violating the penal laws of this state shall include, as nearly ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-42

No judicial officer except a judge of the superior court shall issue a special warrant for arrest returnable only before himself; nor shall any superior court judge issue ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-43

The judicial officer issuing a warrant for arrest upon any sufficient grounds may first require the applicant to file a bond, with sufficient sureties, to prosecute the case ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-44

A warrant for arrest may be issued in any county, though the crime was committed in another county. A warrant, once issued, may be executed in any county ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-45

An affidavit for an arrest warrant substantially complying with the following form shall in all cases be sufficient: Georgia, __________ County. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-46

An arrest warrant substantially complying with the following form shall in all cases be sufficient: Georgia, __________ County. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-47

(a) A judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-60

A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-61

(a) A private person who makes an arrest pursuant to Code Section 17-4-60 shall, without any unnecessary delay, take the person arrested before a judicial officer, as provided ...

Georgia Code - Criminal Procedure - Title 17, Section 17-4-62

In every case of an arrest without a warrant, the person arresting shall, without delay, convey the offender before the most convenient judicial officer authorized to receive an ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-1

(a) When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within the person´s immediate presence for the purpose of: ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-2

An inventory of all instruments, articles, or things seized in a search without a search warrant shall be given to the person arrested and a copy thereof delivered ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-20

(a) A search warrant may be issued only upon the application of an officer of this state or its political subdivisions charged with the duty of enforcing the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-21

(a) Upon the written complaint of any certified peace officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws and otherwise ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-21.1

(a) A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-22

All warrants shall state the time and date of issuance and are the warrants of the judicial officer issuing the same and not the warrants of the court ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-23

The search warrant shall command the officer directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-24

The search warrant shall be issued in duplicate and shall be directed for execution to all peace officers of this state. However, the judicial officer may direct the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-25

The search warrant shall be executed within ten days from the time of issuance. If the warrant is executed, the duplicate copy shall be left with any person ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-26

The search warrant may be executed at any reasonable time. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-27

All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant if, after verbal ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-28

In the execution of the search warrant the officer executing the same may reasonably detain or search any person in the place at the time: ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-29

A written return of all instruments, articles, or things seized shall be made without unnecessary delay before the judicial officer named in the warrant or before any court ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-30

(a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property, the possession of which is not otherwise unlawful, and ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-31

No search warrant shall be quashed or evidence suppressed because of a technical irregularity not affecting the substantial rights of the accused. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-32

(a) As used in this Code section, the term 'documentary evidence' includes but is not limited to writings, documents, blueprints, drawings, photographs, computer printouts, microfilms, X-rays, files, diagrams, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-50

(a) The clerk or person having charge of the property section for any police department, sheriff́s office, or other law enforcement agency in this state shall enter in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-51

Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-52

(a) When a final judgment is entered finding a defendant guilty of the commission or attempted commission of a crime against any person or guilty of the commission ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-53

(a) After a forfeiture of a device used in a crime, in the event the director of the Division of Archives and History or the commissioner of public ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-54

(a)(1) Except as provided in Code Sections 17-5-55 and 17-5-56 and subsections (d), (e), and (f) of this Code section, when a law enforcement agency assumes custody of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-55

(a) In all criminal cases, the court shall designate either the clerk of court, the court reporter, or any other officer of the court to be the custodian ...

Georgia Code - Criminal Procedure - Title 17, Section 17-5-56

(a) Except as otherwise provided in Code Section 17-5-55, on or after May 27, 2003, governmental entities in possession of any physical evidence in a criminal case, including, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-1

(a) The following offenses are bailable only before a judge of the superior court: (1) Treason; (2) Murder; (3) Rape; ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-2

(a)(1) In all cases wherein a licensed driver of this state has been arrested, incarcerated, and charged with a violation of state law and where said violation is ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-3

(a) In the case of any person engaged in military service who is charged with a misdemeanor and whose bond has been fixed at not more than $400.00 ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-4

(a) Any party, defendant, accused, or other person required or permitted by law to give or post bond (or bail) as surety or security for the happening of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-5

Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to (1) traffic or the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-6

Other laws to the contrary notwithstanding, when an order is passed as provided for in Code Section 17-6-5 authorizing an officer to accept cash bonds, it shall be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-7

All receipts issued to arresting officers and all cash bonds received under Code Sections 17-6-5 and 17-6-6 shall be accounted for by the receiving officers to the court ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-8

If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to (1) traffic or the operation or licensing of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-9

Any law enforcement officer or official of a political subdivision of this state who is authorized to enforce Part 2 of Article 2 of Chapter 7 of Title ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-10

(a) All mayors or chief governing officers or their designated official or officials of municipalities are authorized to accept a cash bond for the personal appearance in court ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-11

(a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-12

(a) In addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-13

Except as otherwise provided in this chapter, each person who is entitled to bail under this article shall be permitted one bail for the same offense as a ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-14

(a) When a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-15

(a) After arrest, if bail is tendered and accepted, no regular commitment need be entered, but a simple memorandum of the fact of bail being taken shall be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-16

If the accused person waives a commitment hearing and tenders bail, a memorandum of these facts shall be entered on the warrant by the person authorized to accept ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-17

In addition to all other requirements prescribed for appearance bonds or recognizances, the appearance bond or recognizance given by a person accused of the commission of a crime ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-18

All bonds taken under requisition of law in the course of a judicial proceeding may be amended and new security given if necessary. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-30

(a) Sureties on criminal bonds in any court shall not charge or receive more than 12 percent of the principal amount of bonds set in the amount of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-31

(a) When the court is not in session, a surety on a bond may surrender the surety´s principal to the sheriff or to the responsible law enforcement officer ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-50

(a) Bondsmen or persons who hold themselves out as signers or sureties of bonds for compensation are declared to be professional bondsmen. (b) A professional ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-50.1

(a) The Georgia Association of Professional Bondsmen shall approve continuing education programs offered by professional associations, educational institutions, government agencies, and others as deemed appropriate for professional bondsmen ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-51

Professional bondsmen, their agents, or representatives shall not suggest or advise the employment of or name for employment any attorney or attorneys to represent a defendant, during the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-52

Professional bondsmen, their agents, or employees shall not solicit business as bondsmen or loiter about or around jails, places where prisoners are confined, or the courts for the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-53

Professional bondsmen, their agents, or employees shall not advise defendants who are principals in bonds signed by them or give any directions in the defense or disposition of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-54

(a) No professional bondsman or his or her agents or employees who receive compensation for becoming the surety on a criminal bond shall thereafter receive any other sum ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-55

Any person who violates any Code section in this part shall be guilty of a misdemeanor. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-56

(a) As used in this Code section and Code Sections 17-6-57 and 17-6-58, the term 'bail recovery agent' means any person who performs services or takes action for ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-56.1

(a) The Georgia Association of Professional Bondsmen shall approve continuing education programs offered by professional associations, educational institutions, government agencies, and others as deemed appropriate for bail recovery ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-57

(a) Any bail recovery agent who enters any local police jurisdiction in pursuit of and for the purpose of apprehending the principal on a bail bond or capturing ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-58

(a) Any bail recovery agent who fails to register with the local sheriff or who is otherwise unqualified to act as a bail recovery agent but who nonetheless ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-70

(a) A bond forfeiture occurs at the end of the court day upon the failure of appearance of a principal of any bond or recognizance given for the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-71

(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond and order an execution hearing not ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-72

(a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written statement of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-73

Every bond or recognizance given to secure the appearance of any person in any criminal proceeding shall have entered thereon the mailing address of the principal and each ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-90

(a) Any judicial officer authorized to hold a court of inquiry may, upon the information of others under oath or upon his own motion, issue a warrant against ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-91

A person may require a bond for good behavior against the spouse of such person. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-92

For a violation of a bond posted pursuant to Code Section 17-6-90, an action may be brought at the instance of any person in the county. The recovery ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-93

A bond for good behavior posted pursuant to Code Section 17-6-90 may be extended from term to term by the superior or state court, as the case may ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-94

Upon oral or written complaint by the injured party or upon motion by the prosecuting attorney, the court may, in its discretion, issue a rule for contempt against ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-110

(a) Upon the information of any person, under oath, that he is in fear of bodily harm to himself or his family, or of violent injury to his ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-111

A person may require a bond to keep the peace against the spouse of such person. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-112

(a) Actual violence, a threat of violence, or any other act intended and calculated to excite alarm or to provoke a breach of the peace shall be a ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-113

If the person who required the bond provokes a violation thereof by the person who posted the bond, no recovery shall be had. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-6-114

The superior or state court, as the case may be, may discharge the bond at any time unless a motion is made to extend it, accompanied by evidence ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-1

When there is no secure jail in a county or when it is deemed necessary by the sheriff, any person committing an offense in the county may be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-2

The sheriff shall not be bound to receive a prisoner from another county until the jail fees and costs are provided for as set forth in Code Section ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-20

Any judge of a superior or state court, judge of the probate court, magistrate, or officer of a municipality who has the criminal jurisdiction of a magistrate may ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-21

The judicial officer before whom the accused is brought may associate with him, in the investigation, one or more magistrates, in which event a majority shall decide all ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-22

Any mayor, recorder, or other proper officer presiding in any court of a municipal corporation shall have authority to bind over or commit to jail offenders against any ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-23

(a) The duty of a court of inquiry is simply to determine whether there is sufficient reason to suspect the guilt of the accused and to require him ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-24

A reasonable time shall be given to the defendant and prosecutor for the preparation of the case. In no event shall the defendant be forced to attend the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-25

A court of inquiry shall have the same power to compel the attendance of witnesses as in other criminal cases, as set forth in and subject to all ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-26

In the event of a commitment of the accused person, the court, in its discretion, may require the witnesses, on behalf of the state or others, to give ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-27

The sheriffs and constables shall accept bond in such reasonable amount as may be just and fair to secure the appearance of any witness to attend the courts, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-28

The court of inquiry shall hear all legal evidence submitted by either party. If the defendant wishes to testify and announces in open court before the court of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-29

A court of inquiry may commit the defendant for a different offense than that stated in the warrant if the evidence requires it. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-30

The following form, or one in substance the same, shall be deemed to be a sufficient commitment: Georgia, __________ County. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-31

Whenever any judicial officer sitting as a court of inquiry binds over a defendant to appear at an appropriate court to answer any charge, it shall be the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-32

The commitment form shall be delivered to the officer in whose charge the accused person is placed, and the officer shall deliver it with the accused person to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-33

Reserved. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-34

No defendant shall be discharged on a writ of habeas corpus because of informality in the commitment or in the proceedings prior thereto, provided there has been substantial ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-50

Any person who is arrested for a crime and who is refused bail shall, within 90 days after the date of confinement, be entitled to have the charge ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-51

All special presentments by the grand jury charging defendants with violations of the penal laws shall be treated as indictments. It shall not be necessary for the clerk ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-52

(a) Before an indictment against a present or former peace officer charging the officer with a crime which is alleged to have occurred while he or she was ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-53

Two returns of 'no bill' by grand juries on the same charge or allegation shall be a bar to any future prosecution of a person for the same ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-53.1

If, upon the return of two 'true bills' of indictments or presentments by a grand jury on the same offense, charge, or allegation, the indictments or presentments are ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-54

(a) Every indictment of the grand jury which states the offense in the terms and language of this Code or so plainly that the nature of the offense ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-55

In any term of court when the public interest requires it, the court may empanel one or more concurrent grand juries in accordance with Part 1 of Article ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-70

(a) In all felony cases, other than cases involving capital felonies, in which defendants have been bound over to the superior court, are confined in jail or released ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-70.1

(a)(1) In felony cases involving violations of the following: (A) Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-2, 16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58; ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-71

(a) In all misdemeanor cases, the defendant may be tried upon an accusation framed and signed by the prosecuting attorney of the court. The accusation need not be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-72

In probate courts which have jurisdiction over misdemeanor possession of marijuana in accordance with Code Sections 16-13-2 and 16-13-30 and certain misdemeanor violations of Code Section 3-3-23 pursuant ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-90

A bench warrant is a warrant issued by a judge for the arrest of a person accused of a crime by a grand jury or for the arrest ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-91

(a) In all criminal cases the court shall fix a date on which the defendant shall be arraigned. The clerk of the court, at least five days prior ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-92

Whenever an indictment, special presentment, or accusation against a corporation doing business in this state is returned or filed in any court having jurisdiction over the offense, the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-93

(a) Upon the arraignment of a person accused of committing a crime, the indictment or accusation shall be read to him and he shall be required to answer ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-94

If the person accused of committing a crime, upon being arraigned, pleads 'not guilty' or stands mute, the clerk shall immediately record upon the minutes of the court ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-95

(a) The defendant in all criminal cases other than capital felonies in any court of this state, whether the offense charged is a felony or a misdemeanor, may, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-96

The arraignment and plea of the person accused of committing a crime shall be entered on the indictment or accusation by the prosecuting attorney or other person acting ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-97

If the clerk of the court shall fail or neglect to record the arraignment and plea of the person accused of committing a crime at the time the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-110

All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-111

If the defendant, upon being arraigned, demurs to the indictment, pleads to the jurisdiction of the court, pleads in abatement, or enters any other special plea in bar, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-112

A plea of misnomer should state the true name of the accused person, that he had never been known by any other name than that, and that he ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-113

All exceptions which go merely to the form of an indictment or accusation shall be made before trial. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-130

(a) Whenever a plea is filed that a defendant in a criminal case is mentally incompetent to stand trial, it shall be the duty of the court to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-130.1

At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant´s sanity or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-131

(a) For purposes of this Code section, the term: (1) 'Insane at the time of the crime' means meeting the criteria of Code Section 16-3-2 ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-150

(a)(1) The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant´s ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-151

Whenever a change of venue is made, the clerk of the court from which the case has been transferred shall send to the court to which the case ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-152

If, on motion, the judge presiding in the court to which a case has been transferred is satisfied that a fair and impartial jury cannot be obtained therein, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-170

(a) Any person against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting the persońs life may enter ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-171

(a) Any person accused of a capital offense may enter a demand for trial at the term of court at which the indictment is found or at the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-172

The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-190

When any person accused of a criminal offense before a court of inquiry is bound over or committed for trial in superior court, the judicial officer holding the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-191

The defendant may, upon application to the committing judicial officer or to the clerk of the court to which he is committed or bound to appear for trial, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-192

A defendant who fails to use the subpoena power provided for in Code Section 17-7-191, when it is within his power to do so, shall not be entitled ...

Georgia Code - Criminal Procedure - Title 17, Section 17-7-210 and 17-7-211

Reserved. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-1

The cases on the criminal docket shall be called in the order in which they stand on the docket unless the defendant is in jail or, otherwise, in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-2

All indictments or special presentments shall be submitted to and passed upon by a jury under the direction of the presiding judge unless there is a settlement of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-3

After an examination of the case in open court and before it has been submitted to a jury, the prosecuting attorney may enter a nolle prosequi with the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-4

(a) When two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be separately tried unless the state shall waive the death ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-5

(a) On the trial of all felonies the presiding judge shall have the testimony taken down and, when directed by the judge, the court reporter shall exactly and ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-6

(a) Any judge of a municipal court of any municipality of this state or any judge hearing cases for any such court wherein a municipal court is a ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-20

In all cases, the party making an application for a continuance must show that he has used due diligence. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-21

In all cases in which the defendant cannot, according to law, demand a trial, a continuance shall not be granted to the state, except upon a reasonable showing ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-22

All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-23

If either party is providentially prevented from attending the trial of any case and the counsel of the absent party will state in his place that he cannot ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-24

The illness or absence, from providential cause, of counsel where there is but one, or of the leading counsel where there are more than one, shall be a ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-25

In all applications for continuances upon the ground of the absence of a witness, it shall be shown to the court that the witness is absent; that he ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-26

A member of the General Assembly who is a party to or the attorney for a party to a case which is pending in any trial or appellate ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-27

When any case pending in the courts of this state in which the Attorney General is of counsel is scheduled to be called for any purpose during sessions ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-28

(a) Any person summoned to serve as a witness in a criminal case shall be excused by the judge from attendance at the court by reason of his ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-29

Should any member of the Board of Regents of the University System of Georgia or any member of the State Board of Education be engaged at the time ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-30

Should any member of the Board of Human Resources be engaged at the time of any meeting of the board as counsel or party in any case pending ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-31

(a) It shall be the duty of any judge of the courts of this state to continue any case in the court on or without motion when any ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-32

No continuance shall be allowed in any court on account of the absence of a witness or for the purpose of procuring testimony when the opposite party is ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-33

(a) Every person against whom a true bill of indictment is found or an accusation is made shall be tried at the term of the court at which ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-34

When a case is sent back for trial to a superior, state, or city court by the Supreme Court or Court of Appeals, the case shall be in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-35

The continuance of a case by one of several defendants indicted jointly shall not operate as a continuance as to the other defendants objecting thereto. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-36

The judges of the superior, state, and city courts shall, upon the continuance of any case, enter the date of the continuance upon their dockets opposite the case ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-37

When a court grants a continuance of a pending case for whatever cause, the continuance shall extend until the next term of court only. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-38

A case not reached at the trial term stands over as continued. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-50

The trial of inmates escaping from a state or county correctional institution shall take place in the superior court of the county in which the escape occurs, and ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-51

At the trial of an inmate of a penal institution for the crime of mutiny, any other inmate not included in the same indictment shall be a competent ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-52

(a) The following oath shall be administered to witnesses in criminal cases: 'Do you solemnly swear or affirm that the evidence you shall give to the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-53

During a trial in a court of any case in which the evidence is vulgar and obscene or relates to the improper acts of the sexes, and tends ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-54

In the trial of any criminal case, when any person under the age of 16 is testifying concerning any sex offense, the court shall clear the courtroom of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-55

(a) In all proceedings involving the criminal charges specified in this Code section, the court may order that the testimony of a child ten years of age or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-56

(a) The judges of the superior, state, and city courts shall, when the counsel for either party requests it before argument begins, write out their charges and read ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-57

It is error for any judge in any criminal case, during its progress or in his charge to the jury, to express or intimate his opinion as to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-70

Not more than two counsel shall be permitted to argue any case for each side, except by express leave of the court. In no case shall more than ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-71

After the evidence is closed on both sides, the prosecuting attorney shall open and conclude the argument to the jury. The defendant shall be entitled to make a ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-72

In all misdemeanor cases and cases brought up from inferior judicatories, counsel for either party shall not occupy more than one-half hour in the whole discussion of the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-73

In felony cases other than those involving capital felonies, counsel shall be limited in their closing arguments to one hour for each side. In cases involving capital felonies, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-74

If, before argument begins, counsel on either side applies to the court for an extension of the time prescribed for argument and states in his place or on ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-75

Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and ...

Georgia Code - Criminal Procedure - Title 17, Section 17-8-76

(a) No attorney at law in a criminal case shall argue to or in the presence of the jury that a defendant, if convicted, may not be required ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-1

(a) Where there is no conflict in the evidence and the evidence introduced with all reasonable deductions and inferences therefrom shall demand a verdict of acquittal or 'not ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-2

The jury shall be the judges of the law and the facts in the trial of all criminal cases and shall give a general verdict of 'guilty' or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-3

In all capital cases, other than those of homicide, when the verdict is 'guilty,' with a recommendation for mercy, it shall be legal and shall mean imprisonment for ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-4

The judgment of a court having no jurisdiction of the person or subject matter, or void for any other cause, is a mere nullity and may be so ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-20

A juror shall not act on his private knowledge respecting the facts, witnesses, or parties unless he is sworn and examined as a witness in the case. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-21

Verdicts shall be received only in open court, in the absence of agreement of the parties. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-22

(a) No judge of any court shall either directly or indirectly express in open court his approval or disapproval of the verdict of any jury in any case ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-23

No judge of any court may commend or compliment a jury during the term of any court for discharging its duty if the commendation or compliment has the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-40

A verdict may be amended in mere matter of form after the jury have dispersed; but, after it has been received, recorded, and the jury dispersed, it may ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-41

The affidavits of jurors may be taken to sustain but not to impeach their verdict. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-60

All motions to arrest a judgment must be made to the court by which the judgment was rendered, and the opposite party must have reasonable notice of such ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-61

(a) When a judgment has been rendered, either party may move in arrest thereof for any defect not amendable which appears on the face of the record or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-62

A judgment may not be arrested for any defect in the pleadings or record that is aided by verdict or amendable as a matter of form. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-9-63

No motion in arrest of judgment shall be granted for any matter not affecting the real merits of the offense charged in the indictment or accusation. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-1

(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-1.1

(a) A prosecuting attorney bringing charges against a defendant shall notify, where practical, the alleged victim or, when the victim is no longer living, a member of the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-1.2

(a)(1) In all cases in which the death penalty may be imposed, subsequent to an adjudication of guilt and in conjunction with the procedures in Code Section 17-10-30, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-2

(a)(1) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of 'guilty' by the jury in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-3

(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows: (1) By a fine not to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-3.1

(a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-4

(a) A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-5

When a defendant is found guilty of a felony punishable by imprisonment for a maximum term of ten years or less, the judge may, in his discretion, impose ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-6

(a) In any case, except cases in which the death penalty is imposed or cases involving a serious violent felony as defined in subsection (a) of Code Section ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-6.1

(a) As used in this Code section, the term 'serious violent felony' means: (1) Murder or felony murder, as defined in Code Section 16-5-1; ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-7

(a) Except as otherwise provided in subsection (b) of this Code section, any person convicted of a felony offense in this state or having been convicted under the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-8

In any case where the judge may, by any law so authorizing, place on probation a person convicted of a felony, the judge may in his discretion impose ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-9

In the imposition of sentence for violation of the penal laws, it shall be the duty of the judge to specify that the term of service under the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-9.1

(a) When a defendant who pleads nolo contendere or guilty or is convicted of an offense against the laws of this state other than: (1) ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-10

(a) Where at one term of court a person is convicted on more than one indictment or accusation, or on more than one count thereof, and sentenced to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-11

(a) Each person convicted of a crime in this state shall be given full credit for each day spent in confinement awaiting trial and for each day spent ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-12

(a) The custodian of the defendant shall be required to make an affidavit specifying the number of days which the defendant has spent in confinement in his custody ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-13

The punishments prescribed by this Code shall be assessed only after a legal adjudication of guilt in a court having jurisdiction. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-14

(a) Notwithstanding any other provisions of this article and except as otherwise provided in subsections (b) and (c) of this Code section, in any case where a person ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-15

(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-16

(a) Notwithstanding any other provision of law, a person who is convicted of an offense committed after May 1, 1993, for which the death penalty may be imposed ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-17

(a) Subject to the notice requirement provided in Code Section 17-10-18 and in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable doubt ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-18

At any time after the filing of an indictment or accusation but not later than the arraignment, the state shall notify the defendant of its intention to seek ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-19

(a) In a case where notice has been given pursuant to Code Section 17-10-18, the trier of fact shall initially determine the defendant´s guilt on the charge or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-20

(a) In any case in which a fine or restitution is imposed as part of the sentence, such fine and restitution shall constitute a judgment against the defendant. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-30

(a) The death penalty may be imposed for the offenses of aircraft hijacking or treason in any case. (b) In all cases of other offenses ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-30.1

(a) Imprisonment for life without parole can be imposed in any murder case in which there is found by the court or jury one or more statutory aggravating ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-31

Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-31.1

(a) Where, upon a trial by jury, a person is convicted of murder, a sentence of death or life without parole shall not be imposed unless the jury ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-32

Any person who has been indicted for an offense punishable by death may enter a plea of guilty at any time after his indictment, and the judge of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-32.1

(a) Subject to the provisions of subsection (b) of this Code section, any person who has been indicted for an offense for which the death penalty or life ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-33

Upon a judgment of death made by a judge, it shall be the duty of the judge to sentence the defendant to death and to indicate the sentence ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-34

When a person is sentenced to the punishment of death, the court shall specify the time period for the execution in the sentence. The time period for the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-35

(a) Whenever the death penalty is imposed, upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Supreme Court ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-35.1

(a) In cases in which the death penalty is sought, there may be a review of all pretrial proceedings by the Supreme Court upon a determination by the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-35.2

Prior to the filing of a report by the trial judge under Code Section 17-10-35.1 certifying that pretrial proceedings are complete, the court shall conduct a hearing to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-36

(a) The Supreme Court of Georgia shall establish, by rules, a new unified review procedure to provide for the presentation to the sentencing court and to the Supreme ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-37

(a) There shall be an assistant to the Supreme Court who shall be an attorney appointed by the Chief Justice and who shall serve at the pleasure of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-38

(a) All persons who have been convicted of a capital offense and have had imposed upon them a sentence of death shall suffer such punishment by lethal injection. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-39

After a sentence of death has been imposed, if a female defendant so sentenced is believed to be pregnant, the sheriff of the county in which the defendant ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-40

(a) Where the time period for the execution of any convicted person in a capital case has passed by reason of a supersedeas incident to appellate review, a ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-41

There shall be present at the execution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at least three executioners, two ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-42

The executioner and attending physicians shall certify the fact of the execution to the clerk of the superior court of the county in which the sentence was imposed, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-43

The body of an executed person shall be delivered to the relatives of the person if they so desire; and, in case no claim is made by relatives ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-44

The Department of Corrections shall provide a place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the penalty of death. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-60

As used in this article, the term 'mentally incompetent to be executed' means that because of a mental condition the person is presently unable to know why he ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-61

A person under sentence of death shall not be executed when it is determined under the provisions of this article that the person is mentally incompetent to be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-62

Notwithstanding any other provision of this Code, this article provides the exclusive procedure for challenging mental competency to be executed when such challenge is made subsequent to the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-63

(a) An application brought under this article must be filed in the superior court of the county in which the applicant is being detained. The named respondent shall ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-64

Service of an application brought under this article shall be made upon the person having custody of the applicant. If the applicant is being detained under the custody ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-65

As soon as possible after the filing and docketing of the application under this article, the respondent shall answer the application. The court may schedule a case for ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-66

(a) By filing an application under this article, the applicant specifically consents to submit to a state examination for the purposes of assessing mental competency to be executed. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-67

An application under this article shall not be filed until completion of direct appeal and until an order has been signed by a judge of the trial court ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-68

(a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. (b) The taking of depositions shall be governed by Code ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-69

If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be executed, such prior ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-70

(a) Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are ...

Georgia Code - Criminal Procedure - Title 17, Section 17-10-71

If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-1

The costs of a prosecution, except the fees of his own witnesses, shall not be demanded of a defendant until after trial and conviction. If convicted, judgment may ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-2

No defendant shall be liable for the costs of any witness of the state, unless such witness was subpoenaed, sworn, and examined during the trial, nor for the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-3

Any person convicted of murder or manslaughter in a case where an inquest has been held concerning the cause of death of the victim shall be charged for ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-4

(a) The prosecutor´s name shall be endorsed on every indictment, and he shall be compelled to pay all costs and jail fees upon the acquittal or discharge of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-5

(a) When the venue in a case is changed, the whole costs of the case, jail fees of the person to be tried, and expenses of the trial ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-20

This article shall be known and may be cited as the 'Capital Felony Expense Act.' ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-21

As used in this article, the term: (1) 'Capital felony case' means a criminal case in which the death penalty may be imposed upon the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-22

(a) Each county which is responsible for the costs of a capital felony case will be reimbursed for capital felony expenses as provided in this Code section. With ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-23

(a)(1) Reimbursement payments for eligible capital felony expenses under this article will be made to the governing authority of each county incurring capital felony expenses. The payments will ...

Georgia Code - Criminal Procedure - Title 17, Section 17-11-24

(a) The commissioner shall administer this article and shall make payments to counties for the reimbursement of capital felony expenses as provided by this article. The payments shall ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-1

(a) This chapter shall be known and may be cited as the 'Georgia Indigent Defense Act of 2003.' (b) The Georgia Public Defender Standards Council ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-2

As used in this chapter, the term: (1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-3

(a) There is created the Georgia Public Defender Standards Council to be composed of 11 members. (b) The membership of the council shall be appointed ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-4

(a) The council: (1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-5

(a) To be eligible for appointment as the counciĺs director, a candidate shall be a member in good standing of the State Bar of Georgia with at least ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-6

(a) The council shall assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include: ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-7

(a) All members of the council shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-8

(a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-9

The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-10

(a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-10.1

(a) There is created the General Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-10.2

The members of the council as created by this article, the members of the circuit public defender selection panel created by Article 2 of this chapter, and other ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-11

(a) On December 31, 2003, the Georgia Public Defender Standards Council shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council created by former Code ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-12

From January 1, 2005, through December 31, 2005, the Georgia Public Defender Standards Council shall coordinate the transition from the procedures for providing criminal defense to indigent persons ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-13

This article shall become effective on December 31, 2003, except as specified in Code Section 17-12-3. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-20

(a) There is created in each judicial circuit in the state a circuit public defender selection panel to be composed of five members. The membership shall be composed ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-21

To be eligible to fill the position of circuit public defender, a person must: (1) Have attained the age of 25 years; (2) ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-22

(a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. This procedure may be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-23

(a) The circuit public defender shall provide representation in the following actions and proceedings: (1) Any case prosecuted in a superior court under the laws ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-24

(a) The council shall establish guidelines for determining the financial eligibility of persons claiming indigence, and the circuit public defender and any other person or entity providing indigent ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-25

(a) Each circuit public defender shall receive an annual salary of $87,593.58 and cost-of-living adjustments as may from time to time be granted to employees of the executive, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-26

(a) The council shall prepare and submit to the Judicial Council of Georgia an annual proposed budget necessary for fulfilling the purposes of this article in accordance with ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-27

(a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint: (1) One assistant public ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-28

(a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint one investigator to assist the circuit public ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-29

(a) Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the council based on funds appropriated by the General ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-30

(a) All state paid personnel employed by the circuit public defenders pursuant to this article shall be employees of the judicial branch of state government in accordance with ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-31

(a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-32

The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the Department ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-33

(a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-34

The governing authority of the county shall provide, in conjunction and cooperation with the other counties in the judicial circuit and in a pro rata share according to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-35

A circuit public defender office may contract with and may accept funds and grants from any public or private source. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-36

(a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-37

This article shall become effective on January 1, 2005; provided, however, that the council and the circuit public defender selection panels shall be authorized to take administrative actions ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-38

(a) Each local tripartite governing committee shall propose a plan for the establishment of a state funded local indigent defense program and shall submit the plan to the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-38.1

State funded local indigent defense programs and local indigent defense programs shall provide legal representation for indigents in all felony cases and in those misdemeanor cases in which ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-39

No person may be assigned the primary responsibility of representing an indigent person unless he is authorized to practice law in this state and is otherwise competent to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-40

As used in this article, the term: (1) 'Circuit public defender' means any circuit public defender of this state or assistants of such officer. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-41

An authorized third-year law student or staff instructor, when under the supervision of a circuit public defender, may assist in criminal proceedings within this state as if admitted ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-42

A third-year law student or staff instructor may be authorized to assist a circuit public defender in such form and manner as the judge of the court may ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-43

As to each third-year law student or staff instructor authorized to assist a circuit public defender, there shall be kept on file in the office of the clerk ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-44

Any third-year law student or staff instructor authorized to assist a circuit public defender under this article is not required to possess the qualifications for appointment to the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-45

This article shall become effective on January 1, 2005. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-60

(a) Except as provided in Article 5 of this chapter, whenever it appears to the presiding judge of the superior court that a defendant indicted for a capital ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-61

(a) In any capital felony case where there has been a conviction and a defendant desires to appeal to the Georgia Supreme Court and it appears to the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-62

(a) Before any attorney shall be entitled to the compensation and expenses provided for in Code Sections 17-12-60 and 17-12-61, the attorney shall also file with the court ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-80

As used in this article, the term 'office' means the office of mental health advocacy created by this article. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-81

There is created the office of mental health advocacy for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-82

The office shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-83

The council shall be responsible for management of the office. Managerial duties shall include, but are not limited to, the following: (1) Appointment of the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-84

The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-85

The mental health advocate shall be appointed by and shall serve at the pleasure of the council. The mental health advocate must be a member in good standing ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-86

The mental health advocate shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-87

(a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-88

This article shall become effective on December 31, 2003. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-100 through 17-12-108

Reserved. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-120

As used in this article, the term 'office' means the Office of the Georgia Capital Defender created by this article. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-121

There is created the Office of the Georgia Capital Defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-122

The Office of the Georgia Capital Defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-123

The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following: (1) Appointing the capital ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-124

The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-125

The capital defender shall be appointed by and shall serve at the pleasure of the council. The capital defender must have been licensed to practice law in this ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-126

(a) The capital defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-127

(a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-127.1

On and after January 1, 2005, any attorney appointed pursuant to Article 5 of this chapter shall continue to represent a defendant under this article and shall be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-12-128

This article shall become effective on January 1, 2005. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-1

In addition to rules adopted by the Governor, the following rules shall be observed as a condition precedent to obtaining a requisition by him for the extradition of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-2

When an application is made as provided in Code Section 17-13-1 and in accordance with other rules adopted by the Governor, he shall make his requisition for the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-3

Before any expenses shall be incurred by any officer or duly authorized agent of the state for bringing back to the county where the crime was committed any ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-4

Whenever a fugitive from justice from a foreign country is found within this state, and by the treaty stipulations of the United States the person is to be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-5

When the Governor or other officer issues a warrant of arrest, it is the duty of the sheriffs, their deputies, coroners, and constables to execute it when placed ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-20

This article shall be known and may be cited as the 'Uniform Criminal Extradition Act.' ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-21

As used in this article, the term: (1) 'Executive authority' includes the Governor and any person performing the functions of governor in a state other ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-22

Subject to this article, the Constitution of the United States, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-23

No demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless in writing, alleging, except in cases ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-24

(a) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-25

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-26

When a demand for the surrender of a person charged with a crime shall be made upon the Governor of this state by the executive authority of another ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-27

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the office ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-28

The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-29

Every peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as peace officers have ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-30

(a) No person arrested upon a warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-31

The district attorney shall answer and defend any habeas corpus action brought under this article, which action contests the issuance, execution, or validity of a Governor´s warrant of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-32

(a) The officer or persons executing the Governor´s warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-33

Whenever any person within this state shall be charged, on the oath of any credible person before any judge or magistrate of this state, with the commission of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-34

The arrest of a person may be lawfully made by any peace officer or private person, without a warrant, upon reasonable information that the accused stands charged in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-35

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-36

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-37

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-38

If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-39

The Governor may, in his discretion, surrender, upon demand of the executive authority of another state, any person found in this state, notwithstanding the fact that a criminal ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-40

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-41

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-42

Whenever the Governor of this state shall demand a person charged with a crime or with escaping from confinement or breaking the terms of his bail, probation, or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-43

(a) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the Governor his written ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-44

When the punishment of the crime shall be the confinement of the person in a penal institution, the expenses shall be paid out of the state treasury on ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-45

A person brought into this state by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-46

(a) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-47

Nothing in this article contained shall be deemed to constitute a waiver by this state of its right, power, or privilege to try a person demanded for extradition ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-48

After a person has been brought back to this state by, or after waiver of, extradition proceedings, he may be tried in this state for other crimes which ...

Georgia Code - Criminal Procedure - Title 17, Section 17-13-49

This article shall be so interpreted and construed as to effectuate the general purposes to make uniform the laws of those states which enact it. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-1

It is declared to be the policy of this state that restitution to their victims by those found guilty of crimes or adjudicated as having committed delinquent acts ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-2

As used in this article, the term: (1) 'Conviction' means an adjudication of guilt of or a plea of guilty or nolo contendere to the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-3

(a) Subject to the provisions of Code Section 17-14-10, notwithstanding the provisions contained in Chapter 11 of Title 15, and in addition to any other penalty imposed by ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-4

Notwithstanding any provision of Code Section 42-9-45 to the contrary, the State Board of Pardons and Paroles may grant parole prior to the completion of one-third of the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-5

(a) It is declared to be the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-6

(a) Where an offender has made total or partial restitution to a victim, the ordering authority shall set off any such amounts and reduce the amount payable to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-7

(a) Any offender may offer a restitution plan to the ordering authority. If a plan is offered, it shall be the duty of the ordering authority to consider ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-8

(a) In any case in which a court sentences an offender to pay restitution and a fine, if the court permits the offender to pay such restitution and ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-9

The amount of restitution ordered shall not exceed the victiḿs damages. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-10

(a) In determining the nature and amount of restitution, the ordering authority shall consider: (1) The financial resources and other assets of the offender or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-11

An order for restitution shall not bar any civil action against the offender. However, any payments made by an offender to a victim under an order for restitution ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-12

The ordering authority shall retain jurisdiction to modify a restitution order at any time before the expiration of the relief ordered. ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-13

(a) A restitution order shall be enforceable as is a civil judgment by execution as provided in Code Section 17-10-20. (b) If an offender or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-14

(a) Payments pursuant to an order for restitution shall be made to the clerk of the court or to any other person, for the benefit of the victim ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-15

(a) Nothing in this article shall authorize peonage; and this article shall be construed and diligently administered to prevent peonage. (b) No offender shall be ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-16

If an offender who is ordered to pay restitution under this article is remanded to the jurisdiction of the Department of Corrections or the Department of Juvenile Justice, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-17

(a) The state or the victim of a crime may institute an action against an offender pursuant to Article 4 of Chapter 2 of Title 18, the 'Uniform ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-18

If a person or entity entitled to restitution cannot be located or refuses to claim such restitution within two years after the date on which he or she ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-19

This article shall not be construed to limit or abrogate any power of any court, agency, or board to place other conditions, limits, terms, rules, or regulations on ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-30

As used in this article, the term: (1) 'Board' means the Board of Corrections. (2) 'Convicted person' includes a person found not ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-31

(a)(1) Every person, firm, corporation, partnership, association, or other legal entity contracting with any person or with the representative or assignee of any person who has been accused ...

Georgia Code - Criminal Procedure - Title 17, Section 17-14-32

(a) It shall be unlawful for any person, firm, corporation, partnership, association, or other legal entity to fail to comply with this article. (b) Any person, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-15A-1

The provisions of this chapter are enacted pursuant Article III, Section VI, Paragraph VI(f) of the Constitution and are in addition to those provisions for compensation of innocent ...

Georgia Code - Criminal Procedure - Title 17, Section 17-15A-2

As used in this chapter, the term 'graffiti' means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved ...

Georgia Code - Criminal Procedure - Title 17, Section 17-15A-3

The General Assembly finds and declares that: (1) Criminal street gang activity is a serious and continuing public safety concern; (2) Criminal trespass ...

Georgia Code - Criminal Procedure - Title 17, Section 17-15A-4

(a) In order to provide a form of compensation by the state to innocent victims of criminal trespass in violation of Code Section 16-7-21 or criminal damage to ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-1

As used in this chapter, the term: (1) 'Possession, custody, or control of the state or prosecution' means an item which is within the possession, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-2

(a) This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-3

Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and a list of witnesses that may ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-4

(a)(1) The prosecuting attorney shall, no later than ten days prior to trial, or at such time as the court orders, disclose to the defendant and make available ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-5

(a) Upon written demand by the prosecuting attorney within ten days after arraignment, or at such time as the court permits, stating the time, date, and place at ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-6

If at any time during the course of the proceedings it is brought to the attention of the court that the state has failed to comply with the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-7

No later than ten days prior to trial or at such time as the court permits, or at the time of any post-indictment pretrial evidentiary hearing other than ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-8

(a) The prosecuting attorney, not later than ten days before trial, and the defendant´s attorney, within ten days after compliance by the prosecuting attorney but no later than ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-9

Any party providing documents or statements to another party under this article shall be reimbursed for the actual cost incurred in providing such documents. If the court has ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-10

The defendant need not include in materials and information furnished to the prosecuting attorney under this article any material or information which the prosecuting attorney has already furnished ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-20

The provisions of this article shall apply only to misdemeanor cases or to felony cases docketed, indicted, or in which an accusation was returned prior to January 1, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-21

Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-22

(a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by the defendant ...

Georgia Code - Criminal Procedure - Title 17, Section 17-16-23

(a) As used in this Code section, the term 'written scientific reports' includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-1

The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-2

This chapter shall be known and may be cited as the 'Crime Victims´ Bill of Rights.' ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-3

As used in this chapter, the term: (1) 'Accused' means a person suspected of and subject to arrest for, arrested for, or convicted of a ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-4

If a victim is physically unable to exercise privileges and rights under this chapter, the victim may designate by written instrument his or her spouse, adult child, parent, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-5

(a) All victims, wherever practicable, shall be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of the accused´s arrest, of the accused´s release from ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-6

(a) Upon initial contact with a victim, all law enforcement and court personnel shall make available to the victim the following information written in plain language: ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-7

(a) Whenever possible, the investigating law enforcement agency shall give to a victim prompt notification as defined in paragraph (9) of Code Section 17-17-3 of the arrest of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-8

(a) Upon initial contact with a victim, a prosecuting attorney shall give prompt notification to the victim of the following: (1) The procedural steps in ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-9

The victim shall have the right to wait in an area separate from the accused, from the family and friends of the accused, and from witnesses for the ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-10

As a condition of permitting a response to an inquiry as to the victim´s current address, telephone number, or place of employment, the court may require counsel or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-11

The prosecuting attorney shall offer the victim the opportunity to express the victim´s opinion on the disposition of an accused´s case, including the views of the victim regarding: ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-12

(a) Upon the written request of the victim, the prosecuting attorney shall notify the victim of the following: (1) That the accused has filed a ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-13

The State Board of Pardons and Paroles shall give 20 days´ advance notification to a victim whenever it considers making a final decision to grant parole or any ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-14

(a) It is the right and responsibility of the victim who desires notification under this chapter or under any other notification statute to keep the following informed of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-15

(a) Failure to provide or to timely provide any of the information or notifications required by this chapter shall not subject the person responsible for such notification or ...

Georgia Code - Criminal Procedure - Title 17, Section 17-17-16

(a) As used in this Code section, the term: (1) 'Course of conduct' spans a series of acts over a period of time, however short, ...

Georgia Code - Criminal Procedure - Title 17, Section 17-18-1

When any employee of the Department of Human Resources, a law enforcement agency, or a court has reason to believe that he or she in the course of ...

Georgia Code - Criminal Procedure - Title 17, Section 17-18-2

The following information in substantially the form set out in this Code section shall be provided to adult victims of rape or aggravated sodomy in accordance with Code ...

Last modified: April 25, 2006