Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-6-1 LINEUPS
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Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. LITTERING. Bonds for violations of litter laws. Cash bonds, §§17-6-5 to 17-6-9. Cash bonds for violations of litter laws, §§17-6-5 to 17-6-9. Summons or citation with or without accusation. Trial of litter of…
O.C.G.A. § 17-6-1.1 Execution of bonds, §17-6-1
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Extradited persons. Forfeiture of bail bond, §17-13-38. Persons charged with crimes in other states. Granting of bail, §17-13-36. Fees of sureties, §17-6-30. First bail for offense, §17-6-13. Fish law violations. Cash bonds, §§17-6-5 to 17-6-8. Forfeitures, §§17-6-70 to 17-6-73. …
O.C.G.A. § 17-6-11 Burglary
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Entering with intent to commit theft or felony. Trial upon accusations, §17-7-70.1. Carjacking. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. MOTOR VEHICLES —Cont’d Commercial motor vehicles. Driving under the influence. Appeal bonds, §1…
O.C.G.A. § 17-6-111 Right of person to require bond against spouse
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A person may require a bond to keep the peace against the spouse of such person. History. — Orig. Code 1863, § 4634; Code 1868, § 4658; Code 1873, § 4756; Code 1882, § 4756; Penal Code 1895, § 1242; Penal Code 1910, § 1324; Code 1933, § 76-205.
O.C.G.A. § 17-6-112 Costs
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Assessment and payment, §17-11-4. Good behavior bonds. Violation, §17-6-92. CONTINUANCES. Admissions. Criminal trials. Admission by opposing party of facts to be proved. Effect upon allowance of continuance, §17-8-32. Criminal trials, §§17-8-20 to 17-8-38. Admission by opposing p…
O.C.G.A. § 17-6-113 Effect of provoking breach of bond
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If the person who required the bond provokes a violation thereof by the person who posted the bond, no recovery shall be had. History. — Orig. Code 1863, § 4632; Code 1868, § 4656; Code 1873, § 4754; Code 1882, § 4754; Penal Code 1895, § 1240; Penal Code 1910, § 1322; Code 1933, …
O.C.G.A. § 17-6-114 Discharge or extension of bond by court
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The superior or state court, as the case may be, may discharge the bond at any time unless a motion is made to extend it, accompanied by evidence to satisfy the court of the necessity of the extension. History. — Orig. Code 1863, § 4633; Code 1868, § 4657; Code 1873, § 4755; Code…
O.C.G.A. § 17-6-12 Child witnesses
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Presence of accused, testimony outside of, §17-8-55. Enticing child for indecent purposes. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Information for victims of rape or sodomy…
O.C.G.A. § 17-6-15 Ordinance violations
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Cash bond, §17-6-10. Peace bonds, §§17-6-110 to 17-6-114. Breach of bond, §17-6-112. Effect of provoking, §17-6-113. Discharge by court, §17-6-114. Extension by court, §17-6-114. Issuance, §17-6-110. Spouse’s right to obtain against spouse, §17-6-111. Procedure in general, §17-6-…
O.C.G.A. § 17-6-17 Editor’s notes
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— Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and…
O.C.G.A. § 17-6-18 Amendment of bonds and giving of new security
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All bonds taken under requisition of law in the course of a judicial proceeding may be amended and new security given if necessary. History. — Orig. Code 1863, § 3434; Code 1868, § 3454; Code 1873, § 3505; Code 1882, § 3505; Civil Code 1895, § 5123; Civil Code 1910, § 5707; Code …
O.C.G.A. § 17-6-3 Acceptance of recognizance bonds for military personnel
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(a) In the case of any person engaged in military service who is charged with a misdemeanor and whose bond has been fixed at not more than $400.00 plus costs, any sheriff shall be allowed to accept, in lieu of bail, a recognizance bond executed and signed by the command364 17-6-3 …
O.C.G.A. § 17-6-30 Fees of sureties
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(a) Sureties on criminal bonds in any court shall not charge or receive more than 15 percent of the face amount of the bond set, which amount includes the principal and all applicable surcharges, as compensation from defendants or from anyone acting for defendants; 386 17-6-30 pr…
O.C.G.A. § 17-6-31 Fees of sureties
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Surrender of principal by surety; forfeiture of bond; death of principal. PART 2 PROFESSIONAL BONDSMEN 17-6-50. T.17, C.6 BONDS AND RECOGNIZANCES Persons deemed professional bondsmen; criminal background investigation information to be provided to clerk of court. 17-6-50.1. Conti…
O.C.G.A. § 17-6-4 Continuances
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Criminal cases. Entry of date of continuance upon docket of courts, §17-8-36. Criminal dockets. Cases called in order in which they stand on docket, §17-8-1. Entry of date of continuance, §17-8-36. Searches and seizures. Maintenance of docket record of warrants issued, §17-5-22. …
O.C.G.A. § 17-6-5 Acceptance of cash bonds for certain offenses; authorization
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Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to: (1) Traffic or the operation or licensing of motor vehicles or operators; (2) The width, height, or length of vehicles and loads; (3) …
O.C.G.A. § 17-6-51 Surrender of defendant
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Right to surrender defendant and keep sum paid when defendant forfeits, §17-6-54. Violations of provisions, §17-6-55. Who are, §17-6-50. Surrender of principal, §17-6-31. Good behavior bonds, §17-6-91. Professional bondsmen. Right to surrender principal and to keep sum paid when …
O.C.G.A. § 17-6-54 Traffic law violations
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Cash bonds, §§17-6-5 to 17-6-8. Display of drivers’ licenses in lieu of bail, recognizance or incarceration, §17-6-11. Unsecured judicial release (release on own recognizance). Bail restricted offenses for which unsecured judicial release not available, §17-6-12. Definition of uns…
O.C.G.A. § 17-6-55 General provisions, §§17-1-1 to 17-1-4
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Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. Jurisdiction and venue, §§17-2-1 to 17-2-4. Limitations on prosecution, §§17-3-1 to 17-3-3. Pretrial proceedings. Accusations, §§17-7-70 to 17-7-73. Announcement of readiness for trial, §17-7-172. Arraignment…
O.C.G.A. § 17-6-56 Bail recovery agents; requirements; registration
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(a) As used in this Code section and Code Sections 17-6-57 and 17-6-58, the term ‘‘bail recovery agent’’ means any person who performs services or takes action for the purpose of apprehending the principal on a bail bond granted in this state or capturing a fugitive who has escap…
O.C.G.A. § 17-6-58 Penalty for violation; liability
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(a) Any bail recovery agent who fails to register with the local sheriff or who is otherwise unqualified to act as a bail recovery agent but who nonetheless attempts to apprehend or capture a principal on a bail bond or a fugitive or who succeeds in apprehending or capturing such …
O.C.G.A. § 17-6-70 When forfeiture occurs
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17-6-70.1. Proceedings for forfeiture of bonds or recognizances generally [Repealed]. 17-6-71. Execution hearing on failure of principal to appear. 17-6-72. Conditions not warranting forfeiture of bond for failure to appear; remission of forfeiture. 17-6-73. Address of principal …
O.C.G.A. § 17-6-71 Execution hearing on failure of principal to appear
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(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond, issue a bench warrant for the principal’s arrest, and order an execution hearing not sooner than 120 days but not later than 150 days after such failure to appear. Not…
O.C.G.A. § 17-6-73 Address of principal and surety on bond or recognizance
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Every bond or recognizance given to secure the appearance of any person in any criminal proceeding shall have entered thereon the mailing address of the principal and each surety. History. — Code 1981, § 17-6-73, enacted by Ga. L. 1982, p. 1224, § 2.
O.C.G.A. § 17-6-8 APPOINTMENT OF COUNSEL
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Indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80. ARMED ROBBERY. Bail and recognizance. Appeal bonds, §17-6-1. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, …
O.C.G.A. § 17-6-90 SHOWUPS
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Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. SILENCE. Arraignments. Recordation and effect of accused’s silence, §17-7-94. SIMPLE ASSAULT. Child witnesses. Presence of accused, testimony outside of, §17-8-55. SIMPLE BATTERY. Child witnesses. Presence of…
O.C.G.A. § 17-6-91 Extension of bond by court; right of sureties to surrender principal
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A bond for good behavior posted pursuant to Code Section 17-6-90 may be extended for a period of six months by the court which required the bond. The sureties on the bond shall have the privilege of surrendering their principal as in other cases of bail. 419 History. — Orig. Code…
O.C.G.A. § 17-6-92 Graffiti
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Compensation for criminally inflicted property, §§17-15A-1 to 17-15A-4. Graffiti defined, §17-15A-2. Legislative authority for enacting provisions, §17-15A-1. Legislative findings, §17-15A-3. Removal of graffiti by inmates, §17-15A-4. Guilty but mentally ill or with intellectual dis…
O.C.G.A. § 17-6-93 Redesignated
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Editor’s notes. — Ga. L. 2013, p. 584, § 3/HB 146, effective July 1, 2013, redes- ignated former Code Section 17-6-93 as present Code Section 17-6-91. 17-6-94. Redesignated.
O.C.G.A. § 17-6-94 Redesignated
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Editor’s notes. — Ga. L. 2013, p. 584, § 3/HB 146, effective July 1, 2013, redes- ignated former Code Section 17-6-94 as present Code Section 17-6-92. PART 2 BONDS TO KEEP THE PEACE