Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 7. PRETRIAL PROCEEDINGS · Article 4. ACCUSATIONS

17-7-70. Trial upon accusations of felony and misdemeanor cases in which guilty plea entered and indictment waived.

Active

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

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.

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

Ga. L. 1915, p. 32, § 1; Code 1933, § 27-704; Ga. L. 1935, p. 116, § 1; Ga. L. 1972, p. 386, § 1; Ga. L. 1972, p. 623, § 1; Ga. L. 1980, p. 452, § 1; Ga. L. 2021, p. 423, § 3-2/HB 635.

Amendments

The 2021 amendment, effective May 4, 2021, deleted former subsection (a), which read: “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 on bond pending a commitment hearing, or are in jail having waived a commitment hearing, the district attorney shall have authority to prefer accusations, and such defendants shall be tried on such accusations, provided that defendants going to trial under such accusations shall, in writing, waive indictment by a grand jury.”; and deleted the subsection (b) designation.

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

Text read from t17-(v15)-pdf.pdf, Volume V15, 2020 edition, 2025 supplement, pages 72 to 73; merge action: replaced; file SHA-256 9ed85bfde942.