Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 15. COURTS · Chapter 10. MAGISTRATE COURTS · Article 10. DEPOSIT ACCOUNT FRAUD PROSECUTIONS

15-10-202. Procedure.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Prosecution for a misdemeanor violation of Code Section 16-9-20 may proceed by arrest, as provided in Chapter 4 of Title 17, and an accusation, as provided in Code Section 17-7-71, or by citation.#

  2. (b)

    Each citation shall be based upon an affidavit as in the issuance of an arrest warrant and said citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by a judge or clerk of the magistrate court.#

  3. (c)

    Prosecutions upon citations shall be commenced by the completion and signing of the citation by a judge or clerk of the magistrate court and service of the citation by a law enforcement officer. A copy of the citation shall be personally served upon the accused and the original shall promptly be filed with the court.#

  4. (d)

    If the prosecution is proceeding upon citation, the accused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of a judge of the magistrate court and required to post a bond for his future appearance. If the accused demands removal of the case to the state or superior court, the magistrate court may require that the accused post a bond for his future appearance in the state or superior court.#

  5. (e)

    The prosecuting attorney of the court in which the case would have been tried if a demand for removal had been made shall be responsible for the prosecution of the case in the magistrate court.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-10-202, enacted by Ga. L. 1987, p. 1032, § 2; Ga. L. 2000, p. 880, § 3.

Law reviews

For article, ‘‘Should Georgia Change Its Misdemeanor Arrest Laws to Authorize Issuing More Field Citations? Can Alternative Arrest Process Help Alleviate Georgia’s Jail Overcrowd-ing and Reduce the Time Arresting Officers Expend Processing Nontraffic Misdemeanor Offenses?,’’ see 22 Ga. St. U.L. Rev. 313 (2005).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 606 to 607; merge action: carried; file SHA-256 1f1f034443c3.