Ir al contenido
Georgia Commons

Título 17. CRIMINAL PROCEDURE

Capítulo 7. PRETRIAL PROCEEDINGS

59 secciones · 17-7-1 a 17-7-210

Legible por máquinas https://georgiacommons.org/code/17-7.md · https://georgiacommons.org/code/index.md · MCP https://mcp.georgiacommons.org/mcp

Artículo 1. GENERAL PROVISIONS

  1. 17-7-1Jailing of prisoners where no jail in county or when deemed necessary by sheriff; fees and costs; authority to levy and collect tax.
  2. 17-7-2When sheriff not required to receive prisoner from another county.
  3. 17-7-3List of children in detention pending trial provided to chief judge and prosecuting attorney.
  4. 17-7-4Trial without a jury; court requirements; court ordering trial with jury; repealing provision.Derogada

Artículo 2. COMMITMENT HEARINGS

  1. 17-7-20Persons who may hold courts of inquiry.
  2. 17-7-21Holding of court of inquiry by several judicial officers; procedure for deciding questions.
  3. 17-7-22Powers of presiding officer in court of a municipal corporation to bind over or commit criminal offenders to jail.
  4. 17-7-23Duties of court of inquiry; preclusion of certain courts from trying charges involving Code Section 16-11-126.
  5. 17-7-24Time granted parties to prepare case and to secure counsel; granting of bail where hearing delayed.
  6. 17-7-25Power of court to compel attendance of witnesses.
  7. 17-7-26Authority to require bonds to secure appearance of witnesses.
  8. 17-7-27Sheriffs and constables to accept bond for appearance of witnesses; approval of sureties by sheriff.
  9. 17-7-28Hearing of evidence by court of inquiry; right of accused to testify; application of rules of evidence; effect of failure of accused to testify.
  10. 17-7-29Commitment of defendant for different offense than stated in warrant.
  11. 17-7-30Form of commitment.
  12. 17-7-31Endorsement of names of state’s witnesses on warrant.
  13. 17-7-32Disposition of commitment form, warrant, and other papers; delivery of accused to person in charge of jail.
  14. 17-7-33Billing and payment of costs of justice of the peace and constable.Derogada
  15. 17-7-34Effect of informality in commitment or prior proceedings.

Artículo 3. INDICTMENTS

  1. 17-7-50Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period.
  2. 17-7-50.1Time for presentment of child’s case to a grand jury; exception.
  3. 17-7-51Special presentments treated as indictments; entry upon minutes; prosecutions upon special presentments.
  4. 17-7-52Procedure for indictment or special presentment of peace officer for crime in performance of duties; notification; rights of officer.
  5. 17-7-53Operation of two returns of ‘‘no bill’’ on charge as bar to future prosecution for same charge.
  6. 17-7-53.1Quashing of second grand jury indictment or presentment bars further prosecution.
  7. 17-7-54Form of indictment by grand jury.
  8. 17-7-55Empaneling concurrent grand juries.

Artículo 4. ACCUSATIONS

  1. 17-7-70Trial upon accusations of felony and misdemeanor cases in which guilty plea entered and indictment waived.
  2. 17-7-70.1Trial upon accusations in certain felony and misdemeanor cases; trial upon plea of guilty or nolo contendere.
  3. 17-7-71Trials of misdemeanors; trial of misdemeanor motor vehicle violations; form and contents of accusations; amendment of accusation; service of amendment upon defendant; continuances.
  4. 17-7-72Jurisdiction of probate courts to try certain drug and alcohol offenses.
  5. 17-7-73Trial of litter offenses upon summons or citation without accusation.

Artículo 5. ARRAIGNMENT AND PLEAS GENERALLY

  1. 17-7-90Issuance of bench warrant; execution; receiving bail, fixing bond, and approving sureties.
  2. 17-7-91Date of arraignment; notice; service of notice and fee therefor; notice to surety on bond; arraignment; receipt and entering of plea; establishment of time for trial; effect of appearance and plea on notice requirement.
  3. 17-7-92Service of notice of filing of indictment, special presentment, or accusation against corporation; return of service; failure of corporation to appear or enter plea; judgment and execution against corporate property.
  4. 17-7-93Reading of indictment or accusation; entry of plea; acceptance of guilty plea; withdrawal of guilty plea.
  5. 17-7-94Recordation and effect of plea of ‘‘not guilty’’ or of standing mute.
  6. 17-7-95Plea 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.
  7. 17-7-96Prosecuting officer to enter arraignment and plea on indictment or accusation.
  8. 17-7-97Proceedings upon failure of clerk to record arraignment and plea; effect of proceedings.

Artículo 6. DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS · Parte 1. GENERAL PROVISIONS

  1. 17-7-110Time for filing pretrial motions.
  2. 17-7-111Demurrers and special pleas to be in writing; right to plead ‘‘not guilty’’ if demurrer or plea denied.
  3. 17-7-112Plea of misnomer.
  4. 17-7-113Time for making exception to form of indictment or accusation.

Artículo 6. DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS · Parte 2. INSANITY AND MENTAL INCOMPETENCY

  1. 17-7-128Intellectual disability claims in criminal cases where death penalty is sought.
  2. 17-7-129Mental capacity to stand trial; release of competency evaluation.
  3. 17-7-130Proceedings upon plea of mental incompetency to stand trial.
  4. 17-7-130.1Evidence as to defendant’s sanity at time of offense; examination and testimony by psychiatrist or psychologist.
  5. 17-7-131Proceedings upon plea of insanity or mental incompetency at time of crime.

Artículo 6. DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS · Parte 3. CHANGE OF VENUE

  1. 17-7-150Procedures for change of venue; transfer of case; appeal from denial of change of venue.
  2. 17-7-151Transfer upon change of venue of evidence, list of witnesses, and papers; issuance of subpoenas to witnesses and others by clerk of court selected to try case.
  3. 17-7-152Subsequent changes of venue.

Artículo 7. DEMAND FOR TRIAL; ANNOUNCEMENT OF READINESS FOR TRIAL

  1. 17-7-170Demand for speedy trial; service; discharge and acquittal for lack of prosecution; expiration; reversal on direct appeal; mistrial and retrial; special pleas of incompetency.
  2. 17-7-171Time for demand for speedy trial in capital cases; discharge and acquittal when no trial held before end of two court terms of demand; counting of terms in cases in which death penalty is sought; special pleas of incompetency.
  3. 17-7-172Requirement of announcement by state of readiness for trial prior to announcement by defendant; speedy trial.

Artículo 8. PROCEDURE FOR SECURING ATTENDANCE OF WITNESSES AT GRAND JURY OR TRIAL PROCEEDINGS

  1. 17-7-190Subpoena of material witnesses for state for appearance before grand jury; furnishing of prosecuting officers with list of persons subpoenaed.
  2. 17-7-191Subpoena process for witnesses of defendant; when subpoenas may be extended to witnesses outside of county.
  3. 17-7-192Continuance for nonattendance of witnesses not subpoenaed by defendant.

Artículo 9. DISCOVERY

  1. 17-7-210 a 17-7-211(sin encabezado impreso)Derogada