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Found 264 matching documents.

  1. Code section · Georgia General Assembly · active

    O.C.G.A. § 17-7-170. Demand for speedy trial; service; discharge and acquittal for lack of prosecution; expiration; reversal on direct appeal; mistrial and retrial; special pleas of incompetency

    O.C.G.A. § 17-7-170

    (a) Any defendant against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting the defendant’s life may enter a demand for speedy trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, the defendant...

    Open at this passageO.C.G.A. § 17-7-170 (CRIMINAL PROCEDURE / PRETRIAL PROCEEDINGS / DEMAND FOR TRIAL; ANNOUNCEMENT OF READINESS FOR TRIAL). Demand for speedy trial; service; discharge and acquittal for lack of prosecution; expiration; reversal on direct appeal; mistrial and retrial; special pleas of incompetency.

  2. Code section · Georgia General Assembly · active

    O.C.G.A. § 17-7-172. Requirement of announcement by state of readiness for trial prior to announcement by defendant; speedy trial

    O.C.G.A. § 17-7-172

    The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to demand a speedy trial, before the defendant shall be called on to make such announcement.

    Open at this passageO.C.G.A. § 17-7-172 (CRIMINAL PROCEDURE / PRETRIAL PROCEEDINGS / DEMAND FOR TRIAL; ANNOUNCEMENT OF READINESS FOR TRIAL). Requirement of announcement by state of readiness for trial prior to announcement by defendant; speedy trial.

  3. Code section · Georgia General Assembly · active

    O.C.G.A. § 17-7-171. Time 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

    O.C.G.A. § 17-7-171

    (a) Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, the defendant may at any subsequent term thereafter demand a speedy trial. The demand for speedy trial shall be filed with the clerk...

    Open at this passageO.C.G.A. § 17-7-171 (CRIMINAL PROCEDURE / PRETRIAL PROCEEDINGS / DEMAND FOR TRIAL; ANNOUNCEMENT OF READINESS FOR TRIAL). Time 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.

  4. Code section · Georgia General Assembly · active

    O.C.G.A. § 38-3-62. Suspension or tolling of deadlines and time schedules in event of judicial emergency; statutory speedy trial requirements defined

    O.C.G.A. § 38-3-62

    (a) An authorized judicial official in an order declaring a judicial emergency, or in an order modifying or extending a judicial emergency order, is authorized to suspend, toll, extend, or otherwise grant relief from deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders,...

    Open at this passageO.C.G.A. § 38-3-62 (MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / EMERGENCY MANAGEMENT / EMERGENCY POWERS / JUDICIAL EMERGENCY). Suspension or tolling of deadlines and time schedules in event of judicial emergency; statutory speedy trial requirements defined. subsection (a).

    (vii) The extent of efforts made by prosecuting attorneys and the court to reduce the number of criminal defendants held in custody awaiting trial; and (viii) Other relevant facts that justify ongoing relief from statutory speedy trial requirements, if any. (3) An order granting relief under this subsection shall be accompanied by a certification that...

    Open at this passageO.C.G.A. § 38-3-62 (MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / EMERGENCY MANAGEMENT / EMERGENCY POWERS / JUDICIAL EMERGENCY). Suspension or tolling of deadlines and time schedules in event of judicial emergency; statutory speedy trial requirements defined. subsection (vii).

  5. Code section · Georgia General Assembly · active

    O.C.G.A. § 9-10-1. Preference given to cases in which state is plaintiff

    O.C.G.A. § 9-10-1

    Where civil cases are pending in the superior courts, the Court of Appeals, or the Supreme Court in which the state is a party plaintiff, preference shall be given to such cases over all other cases so pending; and the judges or Justices, as the case may be, shall use all the power vested in them by law to bring the cases to a speedy trial and, whenever...

    Open at this passageO.C.G.A. § 9-10-1 (CIVIL PRACTICE / CIVIL PRACTICE AND PROCEDURE GENERALLY / GENERAL PROVISIONS). Preference given to cases in which state is plaintiff.

  6. Code section · Georgia General Assembly · active

    O.C.G.A. § 17-8-21. When showing for continuance required of state

    O.C.G.A. § 17-8-21

    In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor.

    Open at this passageO.C.G.A. § 17-8-21 (CRIMINAL PROCEDURE / TRIAL / CONTINUANCES). When showing for continuance required of state.

  7. Code section · Georgia General Assembly · active

    O.C.G.A. § 42-3-71. Discretionary release upon application by person charged with felony

    O.C.G.A. § 42-3-71

    The court in which a person is charged with a felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by DCS after an investigation and upon...

    Open at this passageO.C.G.A. § 42-3-71 (PENAL INSTITUTIONS / COMMUNITY SUPERVISION AND TRANSITION / PRETRIAL RELEASE AND DIVERSION PROGRAMS). Discretionary release upon application by person charged with felony.

  8. Code section · Georgia General Assembly · active

    O.C.G.A. § 17-8-31. Party, leading attorney, or material witness in attendance on active duty as member of National Guard or component of armed forces of the United States as grounds for granting continuance; setting bail in certain cases

    O.C.G.A. § 17-8-31

    (a) It shall be the duty of any judge of the courts of this state to continue any case in the court on or without motion when any party thereto or his or her leading attorney is absent from court when the case is reached by reason of his or her attendance on active duty as a member of the National Guard or a reserve or active component of the armed forces...

    Open at this passageO.C.G.A. § 17-8-31 (CRIMINAL PROCEDURE / TRIAL / CONTINUANCES). Party, leading attorney, or material witness in attendance on active duty as member of National Guard or component of armed forces of the United States as grounds for granting continuance; setting bail in certain cases.

  9. Code section · Georgia General Assembly · active

    O.C.G.A. § 15-11-511. Arraignment; admissions at arraignment; right to attorney

    O.C.G.A. § 15-11-511

    (a) At arraignment, the court shall inform a child of: (1) The contents of the petition alleging delinquency; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child’s case following adjudication; and (4) His or her due process rights, including the right to an attorney and to an appointed attorney; the...

    Open at this passageO.C.G.A. § 15-11-511 (COURTS / JUVENILE CODE / DELINQUENCY / INTAKE OR ARRAIGNMENT). Arraignment; admissions at arraignment; right to attorney.

  10. Code section · Georgia General Assembly · active

    O.C.G.A. § 9-14-22. Appeals; speedy hearing; transmittal of remittitur

    O.C.G.A. § 9-14-22

    (a) Appeals in habeas corpus cases shall be governed, in all respects where applicable, by the laws in reference to appeals in other cases regarding the practice in the lower courts and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing. (b) It shall be the duty of the Supreme Court to give a speedy...

    Open at this passageO.C.G.A. § 9-14-22 (CIVIL PRACTICE / HABEAS CORPUS / GENERAL PROVISIONS). Appeals; speedy hearing; transmittal of remittitur.

  11. Code section · Georgia General Assembly · active

    O.C.G.A. § 15-11-510. Intake; informal adjustment

    O.C.G.A. § 15-11-510

    (a) If an alleged delinquent child has not been detained after the filing of a complaint, he or she shall be promptly referred to intake or given a date for arraignment. (b) At intake, the court, the juvenile court intake officer, or other officer designated by the court shall inform a child of: (1) The contents of the complaint; (2) The nature of the...

    Open at this passageO.C.G.A. § 15-11-510 (COURTS / JUVENILE CODE / DELINQUENCY / INTAKE OR ARRAIGNMENT). Intake; informal adjustment.

  12. Code section · Georgia General Assembly · active

    O.C.G.A. § 42-6-20. Enactment and text of agreement

    O.C.G.A. § 42-6-20

    The Agreement on Detainers is enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that: ARTICLE I. The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints,...

    Open at this passageO.C.G.A. § 42-6-20 (PENAL INSTITUTIONS / DETAINERS / INTERSTATE AGREEMENT ON DETAINERS). Enactment and text of agreement. subsection (a).

    (a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary...

    Open at this passageO.C.G.A. § 42-6-20 (PENAL INSTITUTIONS / DETAINERS / INTERSTATE AGREEMENT ON DETAINERS). Enactment and text of agreement. subsection (a).

  13. Code section · Georgia General Assembly · active

    O.C.G.A. § 50-15-3. Expeditious hearing and determination of lawsuits and appeals

    O.C.G.A. § 50-15-3

    The trial of a public lawsuit, the hearing of any appeal therefrom, and the determination of such lawsuit and appeal shall be advanced by the trial court and by the appellate court respectively, without request of any party, as expeditiously as is reasonably possible.

    Open at this passageO.C.G.A. § 50-15-3 (STATE GOVERNMENT / PUBLIC LAWSUITS). Expeditious hearing and determination of lawsuits and appeals.

  14. Code section · Georgia General Assembly · active

    O.C.G.A. § 42-6-3. Time limit for trial; notice and request for final disposition; notification of inmate and interested parties; effect of escape by inmate

    O.C.G.A. § 42-6-3

    (a) Whenever a person has entered upon a term of imprisonment in a penal institution under the jurisdiction of the department and whenever during the continuance of the term of imprisonment there is pending in any court in this state any untried indictment or accusation on the basis of which a detainer has been filed against such an inmate, he shall be...

    Open at this passageO.C.G.A. § 42-6-3 (PENAL INSTITUTIONS / DETAINERS / GENERAL PROVISIONS). Time limit for trial; notice and request for final disposition; notification of inmate and interested parties; effect of escape by inmate.

  15. Code section · Georgia General Assembly · active

    O.C.G.A. § 17-17-1. Declaration of policy

    O.C.G.A. § 17-17-1

    The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights. These rights include: (1) The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings; (2) The...

    Open at this passageO.C.G.A. § 17-17-1 (CRIMINAL PROCEDURE / CRIME VICTIMS’ BILL OF RIGHTS). Declaration of policy.

  16. Code section · Georgia General Assembly · active

    O.C.G.A. § 17-7-50. Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period

    O.C.G.A. § 17-7-50

    Any person who is arrested for a crime and who is refused bail shall, within 90 days after the date of confinement, be entitled to have the charge against him or her heard by a grand jury having jurisdiction over the accused person; provided, however, that if the person is arrested for a crime for which the death penalty is being sought, the superior court...

    Open at this passageO.C.G.A. § 17-7-50 (CRIMINAL PROCEDURE / PRETRIAL PROCEEDINGS / INDICTMENTS). Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period.

  17. Code section · Georgia General Assembly · active

    O.C.G.A. § 17-8-33. Granting of continuances where indictment found or accusation made; continuance where material witness unavailable; continuances required by principles of justice; granting of continuance where postponement possible to later date in term

    O.C.G.A. § 17-8-33

    (a) Every person against whom a true bill of indictment is found or an accusation is made shall be tried at the term of the court at which the indictment is found or the accusation is made unless the absence of a material witness or the principles of justice should require a continuance of the case, in which case the court shall allow a continuance until...

    Open at this passageO.C.G.A. § 17-8-33 (CRIMINAL PROCEDURE / TRIAL / CONTINUANCES). Granting of continuances where indictment found or accusation made; continuance where material witness unavailable; continuances required by principles of justice; granting of continuance where postponement possible to later date in term.

  18. Code section · Georgia General Assembly · active

    O.C.G.A. § 38-2-1035. Service of copy of charges; time period before trial

    O.C.G.A. § 38-2-1035

    The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No person shall, against his or her objection, be brought to trial before a general court-martial case within a period of five days after the service of charges upon him or her, or before a special court-martial case within a period of three days after the service of...

    Open at this passageO.C.G.A. § 38-2-1035 (MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / PRETRIAL PROCEDURE). Service of copy of charges; time period before trial.

  19. Code section · Georgia General Assembly · active

    O.C.G.A. § 42-6-4. Effect of failure to meet time limit for trial after delivery of inmate pursuant to Code Section 24-13-60

    O.C.G.A. § 42-6-4

    If an inmate is not brought to trial upon a pending indictment or accusation within two terms of court after delivery of the inmate to the sheriff or a deputy sheriff pursuant to subsection (a) of Code Section 24-13-60, provided no continuance has been granted, all detainers based upon the pending indictments or accusations shall be stricken and dismissed...

    Open at this passageO.C.G.A. § 42-6-4 (PENAL INSTITUTIONS / DETAINERS / GENERAL PROVISIONS). Effect of failure to meet time limit for trial after delivery of inmate pursuant to Code Section 24-13-60.

  20. Code section · Georgia General Assembly · active

    O.C.G.A. § 22-2-135. Appointment of assessors; discretion of judge to have issues tried in first instance by jury

    O.C.G.A. § 22-2-135

    On the day named in the order made pursuant to Code Section 22-2-132, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of assessors as shall...

    Open at this passageO.C.G.A. § 22-2-135 (EMINENT DOMAIN / CONDEMNATION PROCEDURE GENERALLY / PROCEEDING BEFORE COURT). Appointment of assessors; discretion of judge to have issues tried in first instance by jury.

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