Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-13-2 Duty of Governor to make requisitions
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When an application is made as provided in Code Section 17-13-1 and in accordance with other rules adopted by the Governor, he shall make his requisition for the extradition of the fugitive under the seal of the office of the Governor, according to law. History. — Ga. L. 1884-85,…
O.C.G.A. § 17-13-20 Short title
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17-13-21. Definitions. 17-13-22. Duty of Governor to have fugitives from justice arrested and delivered to executive authorities of other states. 17-13-23. Form of demand for extradition of person charged with crime in another state. 17-13-24. Extradition of person imprisoned or a…
O.C.G.A. § 17-13-21 Definitions
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As used in this article, the term: (1) ‘‘Executive authority’’ includes the Governor and any person performing the functions of governor in a state other than this state. (2) ‘‘Governor’’ includes any person performing the functions of governor by authority of the laws of this st…
O.C.G.A. § 17-13-26 Investigation of case upon receipt of demand for extradition
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17-13-27. Issue of Governor’s warrant of arrest; recitals. 17-13-28. Manner and place of execution of warrant. 17-13-29. Authority of arresting officers; penalties for refusal to assist arresting officers. 17-13-30. Rights of accused person; application for writ of habeas corpus;…
O.C.G.A. § 17-13-27 Issue of Governor’s warrant of arrest; recitals
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If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the office of the Governor and directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The …
O.C.G.A. § 17-13-28 Manner and place of execution of warrant
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The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state, to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the acc…
O.C.G.A. § 17-13-29 Illegal aliens
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Status investigated during investigation of criminal suspect, §17-5-100. Indictment of peace officers, §17-7-52. Presentments.
O.C.G.A. § 17-13-31 Bail bonds
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Forfeiture, §17-13-38. Granting of bail, §17-13-36. Costs. Payment of expenses, §17-13-44. Definitions. Uniform criminal extradition act, §17-13-21. Delivery of persons to demanding states. Persons charged with crimes in other states. Delivery after accused’s written waiver of iss…
O.C.G.A. § 17-13-33 Arrest without warrant, §17-13-34
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Bail and recognizance. Granting of bail, §17-13-36. Commitment to county jail pending receipt of demand from other states, §17-13-35. Delivery of persons to demanding states. Delivery after accused’s written waiver of issuance and service of warrant for arrest, §17-13-46. Demand …
O.C.G.A. § 17-13-35 Fees
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Imposition upon prosecutor or complainant, §17-11-4. JAILS —Cont’d Preliminary commitments. Delivery of accused to person in charge of jail, §17-7-32. Regional jail authorities. Child in detention pending trial. List provided chief judges of courts and prosecuting attorneys. Resp…
O.C.G.A. § 17-13-36 Granting of bail
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Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the prisoner to bail by bond, with sufficient sureties, in…
O.C.G.A. § 17-13-38 Forfeiture of bail bond
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If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the state. Recovery may…
O.C.G.A. § 17-13-39 Trial of demanded persons
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Trial of person for other criminal prosecutions while in state, §17-13-48. Persons charged with crimes in other states. Arrest under warrant based upon oath or affidavit of another person, §17-13-33. Arrest without warrant, §17-13-34.
O.C.G.A. § 17-13-4 Applications for requisitions
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Governor’s duty to make requisitions, §17-13-2. Requirements as to fugitives from state of Georgia, §17-13-1. Arrest of fugitives, §§17-13-4 to 17-13-46. Aliens, §17-13-4.
O.C.G.A. § 17-13-40 Conduct of inquiry as to guilt or innocence of accused
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The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge or crime in legal form as provided for in this article shall have been presented to …
O.C.G.A. § 17-13-43 Application for issuance of demand
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(a) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the Governor his written application, in which application shall be stated the name of the person so charged, the crime charged against him, the a…
O.C.G.A. § 17-13-44 Payment of expenses
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When the punishment of the crime shall be the confinement of the person in a penal institution, the expenses shall be paid out of the state treasury on the certificate of the Governor and warrant of the state auditor; and in all other cases the expenses shall be paid out of the cou…
O.C.G.A. § 17-13-46 Aliens, §17-13-4
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Arresting officers. Authority, §17-13-29. Refusal to assist, §17-13-29. Execution of warrants, §17-13-5. Manner and place of execution of governor’s warrant, §17-13-28. Issuance of another warrant by governor, §17-13-41. Issuance of governor’s warrant, §17-13-27. Persons charged …
O.C.G.A. § 17-13-47 Guilty plea
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Trial upon, §17-7-70.1. Indictments to be presented to jury, §17-8-2. Joint trials, §17-8-4.
O.C.G.A. § 17-13-49 Short title, §17-13-20
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F FAILURE TO APPEAR. Bail and recognizance. Forfeiture of bond on principal’s failure to appear, §17-6-31. Unsecured judicial release. Effect of failure to appear, §17-6-12. Game fish or boating violation. Failure to appear after giving cash bond, §17-6-8. Litter violations. Failu…
O.C.G.A. § 17-13-5 Arresting officers
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Authority, §17-13-29. Refusal to assist, §17-13-29. Execution of warrants, §§17-13-5, 17-13-28. Issuance of another warrant by governor, §17-13-41. 1560 INDEX ARREST —Cont’d Fugitives —Cont’d Extradition process —Cont’d Issuance of governor’s warrant, §17-13-27. Persons charged w…