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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 4. ARREST OF PERSONS · Article 2. ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY

17-4-21. Duty of arresting officer to take arrested person before judicial officer; right of arrested person to select judicial officer.

Active

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

  1. 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 which case, if there is no suspicion of improper motive, the arresting officer shall take him before some other judicial officer. An arrested person has no right to select the judicial officer before whom he shall be tried.

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

Orig. Code 1863, § 4599; Code 1868, § 4621; Code 1873, § 4718; Code 1882, § 4718; Penal Code 1895, § 897; Penal Code 1910, § 918; Code 1933, § 27-208.

Cross references

Delivery of mentally ill persons, alcoholics, and others to emergency receiving facilities upon apprehension by peace officer, §§ 37-3-41, 37-3-42, 37-7-41, 37-7-42. Initial appearance hearing in magistrate court, Uniform Rules for the Magistrate Courts, Rule 13.

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 t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, page 124; merge action: carried; file SHA-256 0b0d45f9c609.