GA Code § 17-7-93 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 7 - Pretrial Proceedings|Article 5 - Arraignment and Pleas Generally|§ 17-7-93. Reading of Indictment or Accusation; Answer of Accused to Charge; Recordation of "Guilty" Plea and Pronouncement of Judgment; Withdrawn Guilty Pleas; Pleas by Immigrants

  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 whether he is guilty or not guilty of the offense charged, which answer or plea shall be made orally by the accused person or his counsel.   If the person pleads "guilty," the plea shall be immediately recorded on the minutes of the court by the clerk, together with the arraignment; and the court shall pronounce the judgment of the law upon the person in the same manner as if he or she had been convicted of the offense by the verdict of a jury. At any time before judgment is pronounced, the accused person may withdraw the plea of "guilty" and plead "not guilty."   In addition to any other inquiry by the court prior to acceptance of a plea of guilty, the court shall determine whether the defendant is freely entering the plea with an understanding that if he or she is not a citizen of the United States, then the plea may have an impact on his or her immigration status. This subsection shall apply with respect to acceptance of any plea of guilty to any state offense in any court of this state or any political subdivision of this state.    (Laws 1833, Cobb's 1851 Digest, p. 834; Code 1863, § 4524; Code 1868, § 4543; Code 1873, § 4636; Code 1882, § 4636; Penal Code 1895, § 946; Penal Code 1910, § 971; Code 1933, § 27-1404; Ga. L. 2000, p. 808, § 1; Ga. L. 2011, p. 99, § 31/HB 24.)   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   U.S. Code.   - For provisions of Federal Rules of Criminal Procedure, Rules 10 and 11, arraignment and plea, and annotations pertaining thereto, see 18 U.S.C.   Law reviews.   - For article surveying the law in Georgia on admissions, see 8 Mercer L. Rev. 252 (1957). For article on the effect of nolo contendere plea on conviction, see 13 Ga. L. Rev. 723 (1979). For article surveying developments in Georgia criminal law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 95 (1981). For article, "No Second Chances: Immigration Consequences of Criminal Charges," see 13 Ga. St. B.J. 26 (2007). For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007). For survey article on death penalty law, see 59 Mercer L. Rev. 123 (2007). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For note, "Padilla v. Kentucky: The Criminal Defense Attorney's Obligation to Warn of Immigration Consequences of Criminal Conviction," see 29 Ga. St. U.L. Rev. 891 (2012). For comment on Boyett v. State, 81 Ga. App. 49, 57 S.E.2d 831 (1950), see 2 Mercer L. Rev. 433 (1951). For comment on Ware v. State, 128 Ga. App. 407, 196 S.E.2d 896 (1973), discussing the right of an accused to retract guilty plea prior to judgment, see 10 Ga. St. B.J. 469 (1974).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Guilty Pleas   Withdrawal of Pleas    RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 556 et seq., 570 et seq., 622 et seq., 664 et seq.   Government's Breach of Plea Bargain, 27 POF2d 133.   Withdrawal of Guilty Plea, 42 Am. Jur. Trials 519.   C.J.S.   - 16 C.J.S., Constitutional Law, § 203. 16C C.J.S., Constitutional Law, § 1644 et seq. 22 C.J.S., Criminal Procedure and Rights of the Accused, §§ 222 et seq., 230 et seq., 253 et seq. 22A C.J.S., Criminal Procedure and Rights of the Accused, § 710.   ALR.    - Pleas of nolo contendere or guilty in capital case, 6 A.L.R. 694.    Right to withdraw plea of guilty, 20 A.L.R. 1445; 66 A.L.R. 628.    Writ of error coram nobis as remedy where plea of guilty is entered under fraud, duress, or mistake, 30 A.L.R. 686.    Duty of court to accept tendered plea of guilt of lesser degree of crime where prosecuting officer has agreed to recommend acceptance of such plea if defendant will turn state's evidence, 96 A.L.R. 1064.    Plea of guilty as affected by objection that it was not made by defendant personally, 110 A.L.R. 1300.    Plea of guilty without advice of counsel, 149 A.L.R. 1403.   Plea of guilty as basis of claim of double jeopardy in attempted subsequent prosecution for same offense, 75 A.L.R.2d 683.   Propriety and prejudicial effect of showing, in criminal case, withdrawn guilty plea, 86 A.L.R.2d 326.   Enforceability of plea agreement, or plea entered pursuant thereto, with prosecuting attorney involving immunity from prosecution for other crimes, 43 A.L.R.3d 281.   Right to withdraw guilty plea in state criminal proceeding where court refuses to grant concession contemplated by plea bargain, 66 A.L.R.3d 902.   Defendant's appeal from plea conviction as affected by prosecutor's failure or refusal to dismiss other pending charges, pursuant to plea agreement, until expiration of time for appeal, 86 A.L.R.3d 1262.   Adequacy of defense counsel's representation of criminal client regarding plea bargaining, 8 A.L.R.4th 660.   Adequacy of defense counsel's representation of criminal client regarding guilty pleas, 10 A.L.R.4th 8.   Judge's participation in plea bargaining negotiations as rendering accused's guilty plea involuntary, 10 A.L.R.4th 689.   Guilty plea safeguards as applicable to stipulation allegedly amounting to guilty plea in state criminal trial, 17 A.L.R.4th 61.   Sufficiency of court's statement, before accepting plea of guilty, as to waiver of right to jury trial being a consequence of such plea, 23 A.L.R.4th 251.   Power or duty of state court, which has accepted guilty plea, to set aside such plea on its own initiative prior to sentencing or entry of judgment, 31 A.L.R.4th 504.   Use of plea bargain or grant of immunity as improper vouching for credibility of witness, 58 A.L.R.4th 1229.   "Guilty but mentally ill" statutes: validity and construction, 71 A.L.R.4th 702.   Guilty plea as affected by fact that sentence contemplated by plea bargain is subsequently determined to be illegal or unauthorized, 87 A.L.R.4th 384.   Voluntary absence when sentence is pronounced, 59 A.L.R.5th 135.   Validity, construction, and application of state criminal disenfranchisement provisions, 10 A.L.R.6th 265.   Propriety of sentencing judge's imposition of harsher sentence than offered in connection with plea bargain rejected or withdrawn plea by defendant - State cases, 11 A.L.R.6th 237.   Presentence withdrawal of plea of nolo contendere or non vult contendere under state law - Assertion or finding of innocence and defendant's knowledge or waiver of other particular rights at time of plea, 12 A.L.R.6th 389.   Presentence withdrawal of plea of nolo contendere or non vult contendere under state law - Particular circumstances as constituting grounds for withdrawal, excluding issues of knowledge, factual basis, competency, evidence, defenses, sentencing and punishment, and ineffective assistance of counsel, 13 A.L.R.6th 603.   Presentence withdrawal of plea of nolo contendere or non vult contendere under state law - Newly discovered or available evidence, and possible defense, 14 A.L.R.6th 517.   Presentence withdrawal of plea of nolo contendere or non vult contendere under state law - Sentencing and punishment issues; ineffective assistance of counsel, 15 A.L.R.6th 173.   Court's duty to advise sex offender as to sex offender registration consequences or other restrictions arising from plea of guilty, or to determine that offender is advised thereof, 41 A.L.R.6th 141.