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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 7. PRETRIAL PROCEEDINGS · Article 5. ARRAIGNMENT AND PLEAS GENERALLY

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.

Active

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

  1. (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.#

  2. (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.#

  3. (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.#

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. 1946, p. 142, §§ 1-3; Ga. L. 1982, p. 3, § 17; Ga. L. 1983, p. 3, § 51.

Cross references

Record of proceedings, Uniform State Court Rules, Rule 33.11.

Law reviews

For article surveying the law in Georgia on admissions, see 8 Mercer L. Rev. 252 (1957). For article, ‘‘The Effect in Georgia of a Plea of Nolo Contendere Entered in a Georgia Court,’’ see 13 Ga. L. Rev. 723 (1979). For survey article on recent developments in Georgia administrative law, see 34 Mercer L. Rev. 393 (1982). For annual survey of evidence law, see 56 Mercer L. Rev. 235 (2004). For article, ‘‘The Misunderstood Alford Plea: A Primer,’’ see 19 Ga. St. B.J. 8 (Aug. 2013).

Other notes

U.S. Code.
Plea nolo contendere, Federal Rules of Criminal Procedure, Rule 11(b).

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, pages 557 to 558; merge action: annotated; file SHA-256 0b0d45f9c609.