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Found 570 matching passages in 564 documents.
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
(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...
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
(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...
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
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.
Code section · Georgia General Assembly · active
O.C.G.A. § 9-10-1. Preference given to cases in which state is plaintiff
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...
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
(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,...
(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...
Code section · Georgia General Assembly · active
O.C.G.A. § 17-8-21. When showing for continuance required of state
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.
Code section · Georgia General Assembly · active
O.C.G.A. § 42-3-71. Discretionary release upon application by person charged with felony
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...
Code section · Georgia General Assembly · active
O.C.G.A. § 15-11-511. Arraignment; admissions at arraignment; right to attorney
(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...
Code section · Georgia General Assembly · active
O.C.G.A. § 15-11-510. Intake; informal adjustment
(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...
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
(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...
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
(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...
Code section · Georgia General Assembly · active
O.C.G.A. § 42-6-20. Enactment and text of agreement
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,...
(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail...
Code section · Georgia General Assembly · active
O.C.G.A. § 17-17-1. Declaration of policy
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...
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
(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...
Code section · Georgia General Assembly · active
O.C.G.A. § 17-3-1. Generally
(a) A prosecution for murder may be commenced at any time. (b) Except as otherwise provided in Code Section 17-3-2.1, prosecution for other crimes punishable by death or life imprisonment shall be commenced within seven years after the commission of the crime except as provided by subsection (d) of this Code section; provided, however, that prosecution for...
Code section · Georgia General Assembly · active
O.C.G.A. § 9-14-22. Appeals; speedy hearing; transmittal of remittitur
(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...
Code section · Georgia General Assembly · active
O.C.G.A. § 17-7-93. Reading of indictment or accusation; entry of plea; acceptance of guilty plea; withdrawal of guilty plea
(a) Upon the arraignment of a person accused of committing a crime, the indictment or accusation shall be read to him and he shall be required to answer whether he is guilty or not guilty of the offense charged, which answer or plea shall be made orally by the accused person or his counsel. (b) If the person pleads “guilty,” the plea shall be immediately...
Code section · Georgia General Assembly · active
O.C.G.A. § 38-2-1035. Service of copy of charges; time period before trial
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...
Code section · Georgia General Assembly · active
O.C.G.A. § 9-11-40. Time and place of trial
(a) Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive...
Code section · Georgia General Assembly · active
O.C.G.A. § 50-15-3. Expeditious hearing and determination of lawsuits and appeals
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.
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