Title 17

Any mayor, recorder, or other proper officer presiding in any court of a municipal corporation shall have authority to bind over or commit to jail offenders against any criminal law whenever, in the course of an investigation before such officer, a proper case therefor is made ou…

(a) The duty of a court of inquiry is simply to determine whether there is sufficient reason to suspect the guilt of the accused and to require him to appear and answer before the court competent to try him. Whenever such probable cause exists, it is the duty of the court to comm…

A reasonable time shall be given to the defendant and prosecutor for the preparation of the case. In no event shall the defendant be forced to attend the hearing without the aid of counsel if there is a reasonable probability of his securing counsel without too great delay. Where…

A court of inquiry shall have the same power to compel the attendance of witnesses as in other criminal cases, as set forth in and subject to all of the provisions of Chapter 13 of Title 24, at any location where the court shall conduct a hearing, provided that notice is given at…

In the event of a commitment of the accused person, the court, in its discretion, may require the witnesses, on behalf of the state or others, to give suitable bonds to secure their appearance at court, with or without sureties, as the circumstances seem to demand. History. — Ori…

The sheriffs and constables shall accept bond in such reasonable amount as may be just and fair to secure the appearance of any witness to attend the courts, provided the sureties tendered and offered on the bond are approved by a sheriff of any county. History. — Ga. L. 1921, p.…

The court of inquiry shall hear all legal evidence submitted by either party. If the accused wishes to testify and announces in open court before the court of inquiry his or her intention to do so, the accused may testify in his or her own behalf. If the accused elects to testify…

A court of inquiry may commit the defendant for a different offense than that stated in the warrant if the evidence requires it. History. — Orig. Code 1863, § 6422; Code 1868, § 4646; Code 1873, § 4744; Code 1882, § 4744; Penal Code 1895, § 913; Penal Code 1910, § 938; Code 1933,…

The following form, or one in substance the same, shall be deemed to be a sufficient commitment: Georgia, County. (name of the defendant) having been arrested on a warrant for the offense of and brought before me, after hearing evidence it is ordered that he be committed for tria…

Whenever any judicial officer sitting as a court of inquiry binds over a defendant to appear at an appropriate court to answer any charge, it shall be the duty of the judicial officer to write on the warrant the names of each witness for the state who appeared at the commitment h…

(a) The commitment form shall be delivered to the officer in whose charge the accused person is placed, and the officer shall deliver it with the accused person to the sheriff or the other person in charge of the jail. A memorandum of the commitment shall be entered on the warran…

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 arreste…

(a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-560 or 15-11-561, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the g…

(a) Before a bill of indictment or special presentment against a present or former peace officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is presented to a grand jury, the officer shall be give…

Two returns of ‘‘no bill’’ by grand juries on the same charge or allegation shall be a bar to any future prosecution of a person for the same offense under the same or another name; provided, however, that, if the returns have been procured by the fraudulent conduct of the person…

(a) Every indictment of the grand jury which states the offense in the terms and language of this Code or so plainly that the nature of the offense charged may easily be understood by the jury shall be deemed sufficiently technical and correct. The form of every indictment shall …

(a) In all felony cases, other than cases involving capital felonies, in which defendants have been bound over to the superior court, are confined in jail or released on bond pending a commitment hearing, or are in jail having waived a commitment hearing, the district attorney sha…

(a)(1) In felony cases involving violations of the following: (A) Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58; (B) Article 1 of Chapter 8 of Title 16, relating to theft; (C) Chapter 9 of Title 16, relating to forgery a…

State, 263 Ga. App. 843, 589 S.E.2d 610 (2003). Indictment for misdemeanor battery sufficient. — Trial court correctly denied the defendant’s motion to quash a count alleging misdemeanor battery because the allegations of the count were not too vague, uncertain, or unclear as con…

In probate courts which have jurisdiction over misdemeanor possession of marijuana in accordance with Code Sections 16-13-2 and 16-13-30 and certain misdemeanor violations of Code Section 3-3-23 pursuant to Code Section 15-9-30.6, the following offenses may be tried upon a summon…

In probate, magistrate, and municipal courts that have jurisdiction over violations of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that are punishable as misdemeanors in accordance with Code Section 15-9-30.7, 15-10-2.1, …

(a) A bench warrant may be issued by a judge for the arrest of a person: (1) Accused of a crime by a grand jury; (2) Except as otherwise provided in Code Section 17-6-11, charged with a crime who has failed to appear in court after: (A) Actual notice of the time and place to appe…

(a) In all criminal cases the court shall fix a date on which the defendant shall be arraigned. The clerk of the court, at least five days prior to the date set therefor, shall mail to the accused and his attorney of record, if known, notice of the date which has been fixed for arra…

Whenever an indictment, special presentment, or accusation against a corporation doing business in this state is returned or filed in any court having jurisdiction over the offense, the clerk of the court shall issue an original and copy notice to the defendant corporation of the …

State, 287 Ga. App. 759, 652 S.E.2d 836 (2007). Trial court properly denied the defendant’s motion to withdraw the defendant’s guilty pleas because the defendant did not move to withdraw the defendant’s guilty pleas until the term of court following the term in which the defendan…

If the person accused of committing a crime, upon being arraigned, pleads ‘‘not guilty’’ or stands mute, the clerk shall immediately record upon the minutes of the court the plea of ‘‘not guilty,’’ together with the arraignment; and the arraignment and plea shall constitute the i…

(a) The defendant in all criminal cases other than capital felonies in any court of this state, whether the offense charged is a felony or a misdemeanor, may, with the consent and approval of the judge of the court, enter a plea of nolo contendere instead of a plea of guilty or n…

The arraignment and plea of the person accused of committing a crime shall be entered on the indictment or accusation by the prosecuting attorney or other person acting as prosecuting officer on the part of the state. History. — Laws 1833, Cobb’s 1851 Digest, p. 835; Code 1863, §…

If the defendant, upon being arraigned, demurs to the indictment, pleads to the jurisdiction of the court, pleads in abatement, or enters any other special plea in bar, the demurrer or plea shall be made in writing. If the demurrer or plea is decided against the defendant, he may…

A plea of misnomer should state the true name of the accused person, that he had never been known by any other name than that, and that he was not known and called by the name which was contained in the indictment or accusation. History. — Penal Code 1895, § 954; Penal Code 1910,…

All exceptions which go merely to the form of an indictment or accusation shall be made before trial. History. — Laws 1833, Cobb’s 1851 Digest, p. 833; Code 1863, § 4517; Code 1868, § 4536; Code 1873, § 4629; Code 1882, § 4629; Penal Code 1895, § 955; Penal Code 1910, § 980; Code…

(a) When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused’s mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused’s mental competency to stand trial. The court may order the Department of B…

(a) As used in this Code section, the term: (1) ‘‘Child’’ means an accused person under the jurisdiction of the superior court pursuant to Code Section 15-11-560. (2) ‘‘Civil commitment’’ means the accused’s involuntary inpatient or outpatient commitment pursuant to Chapter 3 or …

At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant’s sanity or insanity at the time at which he is alleged to have committed the offense charged in the indictment or information. W…

(a) For purposes of this Code section, the term: (1) ‘‘Insane at the time of the crime’’ means meeting the criteria of Code Section 16-3-2 or 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct. (2) ‘‘Intellectual …

(a)(1) The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant’s or defense counsel’s judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been commi…

Whenever a change of venue is made, the clerk of the court from which the case has been transferred shall send to the court to which the case has been transferred a transcript of the order for the change of venue, the evidence before the court of inquiry, a list of all the witnes…

If, on motion, the judge presiding in the court to which a case has been transferred is satisfied that a fair and impartial jury cannot be obtained therein, he shall, in the manner prescribed in subsection (a) of Code Section 17-7-150, transfer the case to some other county where …

State, 235 Ga. App. 296, 509 S.E.2d 368 (1998). Trial court did not err in denying the defendant’s motion for acquittal and discharge since the demand simply documented the defendant’s request to be tried by a jury. Chastain v. State, 237 Ga. App. 640, 516 S.E.2d 362 (1999). When…

(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 dem…

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. History. — Ga. L. 1862-63, p. 138, § 1; Co…

When any person accused of a criminal offense before a court of inquiry is bound over or committed for trial in superior court, the judicial officer holding the court of inquiry shall, at the time of the commitment hearing, give a subpoena to all material witnesses examined for t…

The defendant may, upon application to the committing judicial officer or to the clerk of the court to which he is committed or bound to appear for trial, obtain subpoenas for such witnesses as he deems material for his defense. The judicial officer or the clerk of the court shal…

A defendant who fails to use the subpoena power provided for in Code Section 17-7-191, when it is within his power to do so, shall not be entitled to a continuance because a witness material to his defense is not in attendance at the term of the court when his case is called for …

State, 300 Ga. 500, 796 S.E.2d 708 (2017). No speedy trial violation. — Convictions for armed robbery, aggravated assault with the intent to rob, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon were proper because the de…

State, 167 Ga. App. 840, 308 S.E.2d 14 (1983) (decided under former O.C.G.A. § 17-7-210). If evidence of in-custody statements was newly discovered and was revealed to defense counsel as soon as practicable after its discovery and defense counsel was then afforded an opportunity …