reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 1 - GENERAL PROVISIONS (§§ 17-7-1 — 17-7-4) › Section 17-7-1 - Jailing of prisoners where no jail in county or when deemed necessary by sheriff; fees and costs; authority to levy and collect tax

When there is no secure jail in a county or when it is deemed necessary by the sheriff, any person committing an offense in the county may be sent to a jail in another county determined to be suitable by the sheriff. The county where the offense is committed shall be primarily liable for jail fees and costs and shall pay the same monthly in advance to the county holding the prisoner. For the purpose of raising funds to pay the costs, the county governing authority may levy and collect an additional tax.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 1 - GENERAL PROVISIONS (§§ 17-7-1 — 17-7-4) › Section 17-7-2 - When sheriff not required to receive prisoner from another county

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
17-7-1
.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 1 - GENERAL PROVISIONS (§§ 17-7-1 — 17-7-4) › Section 17-7-3 - List of children in detention pending trial provided to chief judge and prosecuting attorney

The official in charge of any facility in which a child is detained pending trial in the superior, state, or juvenile courts, including but not limited to sheriffs, regional jail authorities, and the Department of Juvenile Justice, shall furnish at least once a week a list of all children so detained to the chief judge, or his or her designee, and the prosecuting attorney for the court or courts having jurisdiction to adjudicate the case against the child. The list shall include the following information pertaining to each child:
(1)
The child's name;
(2)
The date of arrest;
(3)
The offense charged or other reason for being held;
(4)
The amount of the bond, if known; and
(5)
Whether the child is represented by an attorney and, if represented, the name of the attorney.
Added by 2006 Ga. Laws 475,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 1 - GENERAL PROVISIONS (§§ 17-7-1 — 17-7-4) › Section 17-7-4 - [Election to be tried by court sitting without jury]

(a)
As used in this Code section, the term 'serious violent felony' shall have the same meaning as provided for under Code Section
17-10-6.1
.
(b)
Except as to trials conducted under Article 2 of Chapter 10 of this title and except for trials involving a serious violent felony, the accused in any felony or misdemeanor case may elect in writing to be tried by the court sitting without a jury by filing such request with the clerk of court and serving such request upon the prosecuting attorney and the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending.
(c)
When an accused elects a trial by the court sitting without a jury, the court shall, on the record:
(1)
Advise the accused about the right to a trial by jury and the differences between trial by jury and trial by a court sitting without a jury; and
(2)
Inquire whether the accused's election is knowing, intelligent, and voluntary.
(d)
In criminal prosecutions when a jury trial has been expressly waived, the court may nevertheless order a trial with a jury. The court shall consider the prosecuting attorney's request for a jury trial, but the prosecuting attorney's objection shall not preclude the court from granting a request by the accused for a trial by the court sitting without a jury under subsection (b) of this Code section.
(e)
This Code section shall stand repealed in its entirety on June 30, 2022.
Added by 2021 Ga. Laws 202,§ 3-1, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-20 - Persons who may hold courts of inquiry

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 hold a court of inquiry to examine an accusation against a person legally arrested and brought before him or her. The time and place of the inquiry shall be determined by such judicial officer. Such judge may order the court of inquiry to be conducted by audio-visual communication between the accused, the court, the attorneys, and the witnesses.
Amended by 2021 Ga. Laws 202,§ 1-8, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-21 - Holding of court of inquiry by several judicial officers; procedure for deciding questions

The judicial officer before whom the accused is brought may associate with him, in the investigation, one or more magistrates, in which event a majority shall decide all questions. If there are only two presiding, the original officer shall determine all the questions where the court is not in agreement.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-22 - Powers of presiding officer in court of a municipal corporation to bind over or commit criminal offenders to jail

Any mayor, recorder, or other proper officer presiding in any court of a municipal corporation shall have authority to bind over or commit to jail offenders against any criminal law whenever, in the course of an investigation before such officer, a proper case therefor is made out by the evidence.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-23 - Duties of court of inquiry; preclusion of certain courts from trying charges involving Code Section 16-11-126

(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 to appear and answer before the court competent to try him. Whenever such probable cause exists, it is the duty of the court to commit.
(b)
Any court, other than a superior court or a state court, to which any charge of a violation of Code Section
16-11-126
is referred for the determination required by this Code section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to the charge and with respect to any other criminal violation arising from the transaction on which the charge was based and shall not thereafter be competent to try the accused for the charge or for any other criminal violation arising from the transaction on which the charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law.
Amended by 2010 Ga. Laws 643,§ 2-11, eff. 6/4/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-24 - Time granted parties to prepare case and to secure counsel; granting of bail where hearing delayed

A reasonable time shall be given to the defendant and prosecutor for the preparation of the case. In no event shall the defendant be forced to attend the hearing without the aid of counsel if there is a reasonable probability of his securing counsel without too great delay. Where the hearing is postponed to a future day at the instance of either party or the court, it shall not be necessary to commit the defendant to jail pending the hearing; but he shall have the right to give bail for appearance at the hearing before the court of inquiry if the offense is bailable under the authority of the court.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-25 - Power of court to compel attendance of witnesses

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 of the provisions of Chapter 13 of Title 24, at any location where the court shall conduct a hearing, provided that notice is given at least 24 hours prior to the hearing. A court of inquiry may order the arrest of witnesses if required to compel their attendance.
Amended by 2011 Ga. Laws 52,§; 29, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-26 - Authority to require bonds to secure appearance of witnesses

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 suitable bonds to secure their appearance at court, with or without sureties, as the circumstances seem to demand.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-27 - Sheriffs and constables to accept bond for appearance of witnesses; approval of sureties by sheriff

The sheriffs and constables shall accept bond in such reasonable amount as may be just and fair to secure the appearance of any witness to attend the courts, provided the sureties tendered and offered on the bond are approved by a sheriff of any county.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-28 - Hearing of evidence by court of inquiry; right of accused to testify; application of rules of evidence; effect of failure of accused to testify

The court of inquiry shall hear all legal evidence submitted by either party. If the accused wishes to testify and announces in open court before the court of inquiry his or her intention to do so, the accused may testify in his or her own behalf. If the accused elects to testify, he or she shall be sworn as any other witness and may be examined and cross-examined as any other witness. The rules of evidence shall apply except that hearsay shall be admissible. The failure of an accused to testify shall create no presumption against the accused, and no comment may be made because of such failure.
Amended by 2011 Ga. Laws 52,§; 30, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-29 - Commitment of defendant for different offense than stated in warrant

A court of inquiry may commit the defendant for a different offense than that stated in the warrant if the evidence requires it.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-30 - Form of commitment

The following form, or one in substance the same, shall be deemed to be a sufficient commitment:
Georgia, __________________ County.
__________________ (name of the defendant) having been arrested on a warrant for the offense of __________________ and brought before me, after hearing evidence it is ordered that he be committed for trial for the offense of __________________. The jailer of said county (or any other county, if necessary) is required to receive and safely keep him until discharged by due process of law.
Witness my hand and seal, this __________________ day of __________________, __________________.
__________________
Judicial officer (Seal)
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-31 - Endorsement of names of state's witnesses on warrant

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 duty of the judicial officer to write on the warrant the names of each witness for the state who appeared at the commitment hearing.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-32 - Disposition of commitment form, warrant, and other papers; delivery of accused to person in charge of jail

(a)
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 the sheriff or the other person in charge of the jail. A memorandum of the commitment shall be entered on the warrant by the judicial officer.
(b)
(1)
The warrant and all other papers shall be forwarded to the clerk of the court having jurisdiction over the offense for delivery to the prosecuting attorney. After such delivery, if the prosecuting attorney decides to dismiss the case prior to filing an accusation or without seeking an indictment, he or she shall file a notice of such fact with the clerk of the court having jurisdiction over the offense. Such notice shall include the warrant number, if any, and any other identifying number assigned to the case by the Georgia Crime Information Center. Within 30 days of receiving such notice, the clerk of court shall transmit a copy of such notice to the Georgia Crime Information Center.
(2)
Nothing in this subsection shall prevent a prosecuting attorney who has probable cause from seeking charges against an accused within the applicable statute of limitations.
Amended by 2016 Ga. Laws 460,§ 6B-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 2 - COMMITMENT HEARINGS (§§ 17-7-20 — 17-7-34) › Section 17-7-34 - Effect of informality in commitment or prior proceedings

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 compliance with this article.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 3 - INDICTMENTS (§§ 17-7-50 — 17-7-55) › Section 17-7-50 - Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period

Any person who is arrested for a crime and who is refused bail shall, within 90 days after the date of confinement, be entitled to have the charge against him or her heard by a grand jury having jurisdiction over the accused person; provided, however, that if the person is arrested for a crime for which the death penalty is being sought, the superior court may, upon motion of the district attorney for an extension and after a hearing and good cause shown, grant one extension to the 90 day period not to exceed 90 additional days; and, provided, further, that if such extension is granted by the court, the person shall not be entitled to have the charge against him or her heard by the grand jury until the expiration of such extended period. In the event no grand jury considers the charges against the accused person within the 90 day period of confinement or within the extended period of confinement where such an extension is granted by the court, the accused shall have bail set upon application to the court.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 3 - INDICTMENTS (§§ 17-7-50 — 17-7-55) › Section 17-7-50.1 - Time for presentment of child's case to a grand jury; exception

(a)
Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section
15-11-560
or
15-11-561
, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original 180 day period, not to exceed 90 additional days.
(b)
If the grand jury does not return a true bill against the detained child within the time limitations set forth in subsection (a) of this Code section, the detained child's case shall be transferred to the juvenile court and shall proceed thereafter as provided in Chapter 11 of Title 15.
(c)
The provisions of this Code section shall not apply to any case in which the prosecuting attorney files notice with the court that the detained child is a codefendant to a case in which an adult is charged with committing the same offense and the state has filed a notice of its intention to seek the death penalty.
Amended by 2013 Ga. Laws 127,§ 4-15, eff. 1/1/2014.
Added by 2006 Ga. Laws 475,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 3 - INDICTMENTS (§§ 17-7-50 — 17-7-55) › Section 17-7-51 - Special presentments treated as indictments; entry upon minutes; prosecutions upon special presentments

All special presentments by the grand jury charging defendants with violations of the penal laws shall be treated as indictments. It shall not be necessary for the clerk of the court to enter the special presentments in full upon the minutes, but only the statement of the case and finding of the grand jury as in cases of indictments. It shall not be necessary for the district attorney to frame bills of indictment on the special presentments, but he may arraign defendants upon the special presentments and put them on trial in like manner as if the presentments were bills of indictment.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 3 - INDICTMENTS (§§ 17-7-50 — 17-7-55) › Section 17-7-53 - Operation of two returns of "no bill" on charge as bar to future prosecution for same charge

Two returns of "no bill" by grand juries on the same charge or allegation shall be a bar to any future prosecution of a person for the same offense under the same or another name; provided, however, that, if the returns have been procured by the fraudulent conduct of the person charged or there is newly discovered evidence, upon proof, the judge may allow a third bill to be presented, found, and prosecuted.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 3 - INDICTMENTS (§§ 17-7-50 — 17-7-55) › Section 17-7-53.1 - Quashing of second grand jury indictment or presentment bars further prosecution

If, upon the return of two "true bills" of indictments or presentments by a grand jury on the same offense, charge, or allegation, the indictments or presentments are quashed for the second time, whether by ruling on a motion, demurrer, special plea or exception, or other pleading of the defendant or by the court's own motion, such actions shall be a bar to any future prosecution of such defendant for the offense, charge, or allegation.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 3 - INDICTMENTS (§§ 17-7-50 — 17-7-55) › Section 17-7-54 - Form of indictment by grand jury

(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 charged may easily be understood by the jury shall be deemed sufficiently technical and correct. The form of every indictment shall be substantially as follows:
Georgia, __________________ County.
The grand jurors selected, chosen, and sworn for the County of __________________, to wit: __________________, in the name and behalf of the citizens of Georgia, charge and accuse (name of the accused) of the county and state aforesaid with the offense of __________________; for that the said (name of the accused) (state with sufficient certainty the offense and the time and place of committing the same), contrary to the laws of said state, the good order, peace, and dignity thereof.
(b)
If there should be more than one count, each additional count shall state:
And the jurors aforesaid, in the name and behalf of the citizens of Georgia, further charge and accuse (name of the accused) with having committed the offense of __________________; for that the said (name of the accused) (state with sufficient certainty the offense and the time and place of committing the same) contrary to the laws of said state, the good order, peace, and dignity thereof.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 3 - INDICTMENTS (§§ 17-7-50 — 17-7-55) › Section 17-7-55 - Empaneling concurrent grand juries

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 4 of Chapter 12 of Title 15.
Added by 2003 Ga. Laws 26, § 1, eff. 5/14/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 4 - ACCUSATIONS (§§ 17-7-70 — 17-7-73) › Section 17-7-70 - Trial upon accusations of felony and misdemeanor cases in which guilty plea entered and indictment waived

Judges of the superior court may open their courts at any time without the presence of either a grand jury or a trial jury to receive and act upon pleas of guilty in misdemeanor cases and in felony cases, except those punishable by death or life imprisonment, when the judge and the defendant consent thereto. The judge may try the issues in such cases without a jury upon an accusation filed by the district attorney where the defendant has waived indictment and consented thereto in writing and counsel is present in court representing the defendant either by virtue of his or her employment or by appointment by the court.
Amended by 2021 Ga. Laws 202,§ 3-2, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 4 - ACCUSATIONS (§§ 17-7-70 — 17-7-73) › Section 17-7-70.1 - Trial upon accusations in certain felony and misdemeanor cases; trial upon plea of guilty or nolo contendere

(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
,
16-9-20
,
16-9-31
,
16-9-33
,
16-9-37
,
16-10-52
, and
40-5-58
;
(B)
Article 1 of Chapter 8 of Title 16, relating to theft;
(C)
Chapter 9 of Title 16, relating to forgery and fraudulent practices;
(D)
Article 3 of Chapter 10 of Title 16, relating to escape and other offenses related to confinement;
(E)
Code Section
16-11-131
, relating to possession of a firearm by a convicted felon or first offender probationer; or
(F)
Code Section
16-13-30
, relating to the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana,
in which defendants have either been bound over to the superior court based on a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or have expressly or by operation of law waived a commitment hearing, the district attorney shall have authority to prefer accusations, and the defendants shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury.
(2)
All laws relating to rights and responsibilities attendant to indicted cases shall be applicable to cases brought by accusations signed by the district attorney.
(3)
The accusation need not be supported by an affidavit except in those cases in which the defendant has not been previously arrested in conjunction with the transaction charged in the accusation or when the accusation is to be used as the basis for the issuance of an arrest warrant.
(b)
Judges of the superior court may open their courts at any time without the presence of either a grand jury or a trial jury to receive and act upon pleas of guilty or nolo contendere in felony and misdemeanor cases. The judge of the superior court may try the issues in such cases without a jury upon an indictment or upon an accusation filed by the district attorney where the defendant has waived trial by jury.
(c)
An accusation substantially complying with the form provided in subsections (d) and (e) of Code Section
17-7-71
shall in all cases be sufficient.
(d)
The district attorney may not bring an accusation pursuant to this Code section in those cases where the grand jury has heard evidence or conducted an investigation or in which a no bill has been returned.
(e)
Notwithstanding subsections (a) through (d) of this Code section, nothing in this Code section shall affect the rights of public officials to appear before a grand jury as provided in Code Sections
45-11-4
and
45-15-11
or peace officers to appear before a grand jury as provided in Code Section
17-7-52
.
Amended by 2021 Ga. Laws 202,§ 3-3, eff. 5/4/2021.
Amended by 2016 Ga. Laws 350,§ 7, eff. 7/1/2016.
Amended by 2012 Ga. Laws 709,§ VIII-8-9, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 4 - ACCUSATIONS (§§ 17-7-70 — 17-7-73) › Section 17-7-72 - Jurisdiction of probate courts to try certain drug and alcohol offenses

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 to Code Section
15-9-30.6
, the following offenses may be tried upon a summons or citation without an accusation:
(1)
Possession of one ounce or less of marijuana, in accordance with Code Sections
16-13-2
and
16-13-30
; and
(2)
Any violation of paragraph (2) of subsection (a) of Code Section
3-3-23
which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 4 - ACCUSATIONS (§§ 17-7-70 — 17-7-73) › Section 17-7-73 - Trial of litter offenses upon summons or citation without accusation

In probate, magistrate, and municipal courts that have jurisdiction over violations of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section
32-6-51
or
40-6-248.1
that are punishable as misdemeanors in accordance with Code Section
15-9-30.7
,
15-10-2.1
, or
36-32-10.3
such offenses may be tried upon a summons or citation with or without an accusation.
Added by 2006 Ga. Laws 538,§ 3-8, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 5 - ARRAIGNMENT AND PLEAS GENERALLY (§§ 17-7-90 — 17-7-97) › Section 17-7-90 - Issuance of bench warrant; execution; receiving bail, fixing bond, and approving sureties

(a)
A bench warrant may be issued by a judge for the arrest of a person:
(1)
Accused of a crime by a grand jury;
(2)
Except as otherwise provided in Code Section
17-6-11
, charged with a crime who has failed to appear in court after:
(A)
Actual notice of the time and place to appear to the person in open court;
(B)
Notice of the time and place to appear to the person by mailing a notice to such person's last known address; or
(C)
The person has otherwise been notified of the time and place to appear personally, in writing, by a court official or officer of the court;
(3)
Charged with a crime upon the filing by the prosecutor of an accusation supported by affidavit; or
(4)
Who failed to dispose of his or her charges, schedule a new date to appear before the court, make an appearance in court, or waive arraignment and plead not guilty after the expiration of the 30 day period set forth in subsection (b) of Code Section
17-6-11
.
(b)
Every officer is bound to execute a bench warrant within his or her jurisdiction, and every person so arrested shall be committed to jail until bail is tendered. Any judicial officer or the sheriff of the county where the charge was returned may receive the bail, fix the amount of the bond, and approve the sureties unless it is a case that is bailable only before some particular judicial officer.
Amended by 2024 Ga. Laws 550,§ 5, eff. 5/2/2024.
Amended by 2017 Ga. Laws 228,§ 2, eff. 7/1/2017.
Amended by 2004 Ga. Laws 564, § 17, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 5 - ARRAIGNMENT AND PLEAS GENERALLY (§§ 17-7-90 — 17-7-97) › Section 17-7-91 - Date of arraignment; notice; service of notice and fee therefor; notice to surety on bond; arraignment; receipt and entering of plea; establishment of time for trial; effect of appearance and plea on notice requirement

(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 to the date set therefor, shall mail to the accused and his attorney of record, if known, notice of the date which has been fixed for arraignment. For such first service of notice, the clerk shall receive the fee prescribed in Code Section
15-6-77
. This notice may be served by the sheriff of the county in which the court is situated or his lawful deputies. If the defendant has posted a bond or recognizance, a copy of the notice shall be mailed to each surety on the bond.
(b)
On the date fixed by the court the accused shall be arraigned. The court shall receive the plea of the accused and enter the plea as provided for in this chapter. In those cases in which a plea of not guilty is entered, the court shall set the case down for trial at such time as shall be determined by the court.
(c)
The appearance and entering of a plea by the accused shall be a waiver of the notice required in this Code section.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 5 - ARRAIGNMENT AND PLEAS GENERALLY (§§ 17-7-90 — 17-7-97) › Section 17-7-92 - Service of notice of filing of indictment, special presentment, or accusation against corporation; return of service; failure of corporation to appear or enter plea; judgment and execution against corporate property

Whenever an indictment, special presentment, or accusation against a corporation doing business in this state is returned or filed in any court having jurisdiction over the offense, the clerk of the court shall issue an original and copy notice to the defendant corporation of the filing of the indictment, special presentment, or accusation, which copy notice shall be served by a sheriff upon any officer of the corporation who is found in his county; or, if there is no such officer in his county, then service shall be upon any agent of the corporation. The sheriff serving the copy notice shall make an entry of such service on the original notice and return the same to the court from which it issued. Such service shall be deemed service upon the corporation. Upon the return of the notice, executed as provided for in this Code section, the indictment, special presentment, or accusation shall stand for trial. At the trial, if the defendant corporation fails to appear, or appearing, fails to plead, the judge shall cause a plea of not guilty to be entered, and the trial shall proceed as though the defendant had appeared and pleaded. Upon the conviction of any corporation in any such trial, there shall be rendered against it a judgment for the fine imposed, together with the costs of the prosecution. Upon judgment, an execution shall issue against the property of the defendant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 5 - ARRAIGNMENT AND PLEAS GENERALLY (§§ 17-7-90 — 17-7-97) › Section 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

(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 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.
(b)
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."
(c)
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.
Amended by 2011 Ga. Laws 52,§; 31, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 5 - ARRAIGNMENT AND PLEAS GENERALLY (§§ 17-7-90 — 17-7-97) › Section 17-7-94 - Recordation and effect of plea of "not guilty" or of standing mute

If the person accused of committing a crime, upon being arraigned, pleads "not guilty" or stands mute, the clerk shall immediately record upon the minutes of the court the plea of "not guilty," together with the arraignment; and the arraignment and plea shall constitute the issue between the accused and the state.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 5 - ARRAIGNMENT AND PLEAS GENERALLY (§§ 17-7-90 — 17-7-97) › Section 17-7-95 - Plea of nolo contendere in noncapital felony cases; imposition of sentence; use of plea in other proceedings; use of plea to effect civil disqualifications; imposition of sentence upon plea deemed jeopardy

(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, with the consent and approval of the judge of the court, enter a plea of nolo contendere instead of a plea of guilty or not guilty.
(b)
Should the judge allow a plea of nolo contendere to be entered, he shall thereupon be authorized to impose such sentence as may be authorized by law as to the offense charged.
(c)
Except as otherwise provided by law, a plea of nolo contendere shall not be used against the defendant in any other court or proceedings as an admission of guilt or otherwise or for any purpose; and the plea shall not be deemed a plea of guilty for the purpose of effecting any civil disqualification of the defendant to hold public office, to vote, to serve upon any jury, or any other civil disqualification imposed upon a person convicted of any offense under the laws of this state. The plea shall be deemed and held to put the defendant in jeopardy within the meaning of Article I, Section I, Paragraph XVIII of the Constitution of this state after sentence has been imposed.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 5 - ARRAIGNMENT AND PLEAS GENERALLY (§§ 17-7-90 — 17-7-97) › Section 17-7-96 - Prosecuting officer to enter arraignment and plea on indictment or accusation

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 as prosecuting officer on the part of the state.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 5 - ARRAIGNMENT AND PLEAS GENERALLY (§§ 17-7-90 — 17-7-97) › Section 17-7-97 - Proceedings upon failure of clerk to record arraignment and plea; effect of proceedings

If the clerk of the court shall fail or neglect to record the arraignment and plea of the person accused of committing a crime at the time the arraignment and plea are made, the recordation may be done at any time afterward by order of the court; and this shall cure the error or omission of the clerk.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 6 - DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS (§§ 17-7-110 — 17-7-152) › Part 1 - GENERAL PROVISIONS (§§ 17-7-110 — 17-7-113) › Section 17-7-110 - Time for filing pretrial motions

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 court.
Added by 2003 Ga. Laws 26, § 2, eff. 5/14/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 6 - DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS (§§ 17-7-110 — 17-7-152) › Part 1 - GENERAL PROVISIONS (§§ 17-7-110 — 17-7-113) › Section 17-7-111 - Demurrers and special pleas to be in writing; right to plead "not guilty" if demurrer or plea denied

If the defendant, upon being arraigned, demurs to the indictment, pleads to the jurisdiction of the court, pleads in abatement, or enters any other special plea in bar, the demurrer or plea shall be made in writing. If the demurrer or plea is decided against the defendant, he may nevertheless plead and rely on the general issue of "not guilty."
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 6 - DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS (§§ 17-7-110 — 17-7-152) › Part 1 - GENERAL PROVISIONS (§§ 17-7-110 — 17-7-113) › Section 17-7-112 - Plea of misnomer

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 was not known and called by the name which was contained in the indictment or accusation.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 6 - DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS (§§ 17-7-110 — 17-7-152) › Part 1 - GENERAL PROVISIONS (§§ 17-7-110 — 17-7-113) › Section 17-7-113 - Time for making exception to form of indictment or accusation

All exceptions which go merely to the form of an indictment or accusation shall be made before trial.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 6 - DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS (§§ 17-7-110 — 17-7-152) › Part 2 - INSANITY AND MENTAL INCOMPETENCY (§§ 17-7-129 — 17-7-131) › Section 17-7-129 - Mental capacity to stand trial; release of competency evaluation to prosecuting attorney

(a)
When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused's mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused's mental competency to stand trial. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation of the accused's competency. If the court determines that it is necessary to have a trial on the issue of competency, the court shall follow the procedures set forth in Code Section
17-7-130
. The court's order shall set forth those facts which give rise to its bona fide doubt as to the accused's mental competency to stand trial. The evaluation of the Department of Behavioral Health and Developmental Disabilities shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or, if pro se, to the accused, but otherwise, the report shall remain under seal.
(b)
If the court orders a competency evaluation and the accused serves notice of a special plea of mental incompetency to stand trial or raises the issue of insanity, the court shall release the competency evaluation to the prosecuting attorney. Such evaluation shall not be released to any other person absent a court order.
Added by 2011 Ga. Laws 91,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 6 - DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS (§§ 17-7-110 — 17-7-152) › Part 2 - INSANITY AND MENTAL INCOMPETENCY (§§ 17-7-129 — 17-7-131) › Section 17-7-130.1 - Evidence as to defendant's sanity at time of offense; examination and testimony by psychiatrist or psychologist

At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant's sanity or insanity at the time at which he is alleged to have committed the offense charged in the indictment or information. When notice of an insanity defense is filed, the court shall appoint at least one psychiatrist or licensed psychologist to examine the defendant and to testify at the trial. This testimony shall follow the presentation of the evidence for the prosecution and for the defense, including testimony of any medical experts employed by the state or by the defense. The medical witnesses appointed by the court may be cross-examined by both the prosecution and the defense, and each side may introduce evidence in rebuttal to the testimony of such a medical witness.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 6 - DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS (§§ 17-7-110 — 17-7-152) › Part 3 - CHANGE OF VENUE (§§ 17-7-150 — 17-7-152) › Section 17-7-151 - Transfer upon change of venue of evidence, list of witnesses, and papers; issuance of subpoenas to witnesses and others by clerk of court selected to try case

Whenever a change of venue is made, the clerk of the court from which the case has been transferred shall send to the court to which the case has been transferred a transcript of the order for the change of venue, the evidence before the court of inquiry, a list of all the witnesses subpoenaed in the case, and all other papers connected with the case. The clerk of the court selected to try the case shall issue subpoenas to the witnesses and such others as may be applied for by either party.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 6 - DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS (§§ 17-7-110 — 17-7-152) › Part 3 - CHANGE OF VENUE (§§ 17-7-150 — 17-7-152) › Section 17-7-152 - Subsequent changes of venue

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, he shall, in the manner prescribed in subsection (a) of Code Section
17-7-150
, transfer the case to some other county where a fair and impartial jury can be obtained.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 7 - DEMAND FOR TRIAL; ANNOUNCEMENT OF READINESS FOR TRIAL (§§ 17-7-170 — 17-7-172) › Section 17-7-171 - Time for demand for speedy trial in capital cases; discharge and acquittal when no trial held before end of two court terms of demand; counting of terms in cases in which death penalty is sought; special pleas of incompetency

(a)
Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, the defendant may at any subsequent term thereafter demand a speedy trial. The demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. A demand for trial filed pursuant to this Code section shall be filed as a separate, distinct, and individual document and shall not be a part of any other pleading or document. Such demand shall clearly be titled "Demand for Speedy Trial"; reference this Code section within the pleading; and identify the indictment number or accusation number for which such demand is being made. The demand for speedy trial shall be binding only in the court in which such demand is filed, except where the case is transferred from one court to another without a request from the defendant.
(b)
If more than two regular terms of court are convened and adjourned after the term at which the demand for speedy trial is filed and the defendant is not given a trial, then the defendant shall be absolutely discharged and acquitted of the offense charged in the indictment, provided that at both terms there were juries impaneled and qualified to try the defendant and provided, further, that the defendant was present in court announcing ready for trial and requesting a trial on the indictment.
(c)
In cases involving a capital offense for which the death penalty is sought, if a demand for speedy trial is entered, the counting of terms under subsection (b) of this Code section shall not begin until the convening of the first term following the completion of pretrial review proceedings in the Supreme Court under Code Section
17-10-35.1
.
(d)
If a defendant files a special plea of incompetency to stand trial pursuant to Code Section
17-7-130
or if the court, pursuant to Code Section
17-7-129
, conducts a trial on the competency of the defendant, the period of time during which such matter is pending shall not be included in the computation of determining whether a demand for speedy trial has been satisfied.
Amended by 2011 Ga. Laws 91,§ 4, eff. 7/1/2011.
Amended by 2006 Ga. Laws 879,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 7 - DEMAND FOR TRIAL; ANNOUNCEMENT OF READINESS FOR TRIAL (§§ 17-7-170 — 17-7-172) › Section 17-7-172 - Requirement of announcement by state of readiness for trial prior to announcement by defendant; speedy trial

The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to demand a speedy trial, before the defendant shall be called on to make such announcement.
Amended by 2006 Ga. Laws 879,§ 3, eff. 7/1/2006.