17-8-3. Entry of nolle prosequi.

Active

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

After an examination of the case in open court and before it has been submitted to a jury, the prosecuting attorney may enter a nolle prosequi with the consent of the court. After the case has been submitted to a jury, a nolle prosequi shall not be entered except by the consent of the defendant. The prosecuting attorney shall notify the defendant and the defendant’s attorney of record within 30 days of the entry of a nolle prosequi either personally or in writing; such written notice shall be sent by regular mail to the defendant at the defendant’s last known address and to the defendant’s attorney of record.

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

Laws 1833, Cobb’s 1851 Digest, p. 836; Code 1863, § 4535; Code 1868, § 4555; Ga. L. 1870, p. 422, § 1; Code 1873, § 4649; Ga. L. 1877, p. 108, § 1; Code 1882, § 4649; Penal Code 1895, § 957; Penal Code 1910, § 982; Code 1933, § 27-1801; Ga. L. 1989, p. 585, § 1.

Law reviews

For survey article on death penalty law, see 59 Mercer L. Rev. 123 (2007).

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 708; merge action: annotated; file SHA-256 0b0d45f9c609.