Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-12-45 Legal defense for indigents
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Generally, §§17-12-1 to 17-12-80. Limitation on prosecutions. Excluded periods, §17-3-2. Extension of periods, §17-3-3. Generally, §17-3-1. Victim 65 or older, §17-3-2.2. Lineups. Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. Live lineups.
O.C.G.A. § 17-12-5 Director; qualifications; powers and responsibilities
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(a) To be eligible for appointment as the director, a candidate shall be a member in good standing of the State Bar of Georgia with at least seven years’ experience in the practice of law. The director shall be appointed by the Governor and shall serve at the pleasure of the Gove…
O.C.G.A. § 17-12-50 Definitions
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As used in this article, the term: (1) ‘‘Paid in part’’ means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section 17-12…
O.C.G.A. § 17-12-51 Repayment of attorney’s fees as condition of probation
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(a) When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the c…
O.C.G.A. § 17-12-52 Definitions
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Repayment of attorney’s fees as condition of probation. Recovery of payment or reimbursement by a county or municipality. Article 4 Verification of Indigency Article 3 17-12-80. Assistance by Third-Year Law Students or Staff Instructors 17-12-40. 17-12-41. T.17, C.12 Verification o…
O.C.G.A. § 17-12-6 Assistance of council to public defenders
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(a) The council may assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include: (1) The preparation and distribution of a basic defense manual and other educational materials; (2) The preparation and…
O.C.G.A. § 17-12-7 Officers, §17-12-7
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Powers and duties, §17-12-4. Quorum, §17-12-7. Removal, §17-12-7. Reports, §17-12-10. Responsibility, §17-12-1. Retirement compensation received by administrative or clerical staff. Compensation from council funds, restrictions, §17-12-4. Support services and programs. Director t…
O.C.G.A. § 17-12-80 POSSE
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Summoning, §17-4-24. POSSESSION OF CONTROLLED SUBSTANCE OR MARIJUANA. Trial upon accusation, §17-7-70.1. Trial upon summons or citation without accusation, §17-7-72. PREDISPOSITION. Victim impact statements. Hearings generally, §17-10-1.1. PREGNANCY. Assault of pregnant woman. Si…
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…
O.C.G.A. § 17-14-1 Declaration of public policy
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It is declared to be the policy of this state that restitution to their victims by those found guilty of crimes or adjudicated as having committed delinquent acts is a primary concern of the criminal justice system and the juvenile justice system. History. — Code 1933, § 27-3001,…
O.C.G.A. § 17-14-10 Regent v
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State, 306 Ga. App. 616, 703 S.E.2d 81 (2010). Trial court was authorized under O.C.G.A. § 17-14-9 to order the defendant to pay the victim’s medical expenses as restitution for damages caused by the defendant’s simple battery of the victim in violation of O.C.G.A. § 16-5-23(a) b…
O.C.G.A. § 17-14-11 Victim impact statements
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Consideration when entering order of restitution, §§17-10-1.1, 17-10-1.2. Voidable transactions. Action to set aside deceptive transfers under voidable transactions act, §17-14-17. RESTITUTION —Cont’d Wage assignments, §17-14-14. Waiver of victim’s rights, §17-14-7. RETAILERS. Re…
O.C.G.A. § 17-14-12 Modification of restitution order
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17-14-13. Manner of enforcement of restitution order generally; sanctions for failure to comply with order. 17-14-14. Restitution payments; wage assignments; review of compliance; interest. 17-14-15. Peonage not authorized by article; denial of benefits because of poverty prohibit…
O.C.G.A. § 17-14-16 Detention facilities
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Arrested person. Transportation to facility, §17-4-25.1. JUVENILE JUSTICE —Cont’d Detention facilities —Cont’d Children in detention pending trial. List provided to chief judges and prosecuting attorneys, §17-7-3. K KIDNAPPING. Bail and recognizance. Unsecured judicial release, o…
O.C.G.A. § 17-14-17 Voidable transfers
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(a) The state or the victim of a crime may institute an action against an offender pursuant to Article 4 of Chapter 2 of Title 18, the ‘‘Uniform Voidable Transactions Act,’’ to set aside a transfer of real, personal, or other property made voluntarily by the offender on or after …
O.C.G.A. § 17-14-19 Effect of article on powers of courts
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This article shall not be construed to limit or abrogate any power of any court, agency, or board to place other conditions, limits, terms, rules, or regulations on any relief in the nature of suspension of sentence, probation, parole, pardon, or restoration of rights. 1397 Histo…
O.C.G.A. § 17-14-2 Definitions
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As used in this article, the term: (1) ‘‘Conviction’’ means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state. Such term includes any such conviction or plea, notwithstanding the fact that sentence wa…
O.C.G.A. § 17-14-3 Declaration of public policy
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Definitions. Requirement of restitution by offender as condition of relief generally. 17-14-4. Granting of parole prior to completion of one-third of sentence conditioned on restitution. 17-14-5. Restitution by juvenile delinquent; retention of jurisdiction to enforce order agains…
O.C.G.A. § 17-14-30 Definitions
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As used in this article, the term: (1) ‘‘Board’’ means the Board of Corrections. (2) ‘‘Convicted person’’ includes a person found not guilty by reason of insanity. History. — Ga. L. 1979, p. 1262, § 1; Ga. L. 1985, p. 283, § 1. Editor’s notes. — Ga. L. 1979, p. 1262, § 2, not cod…
O.C.G.A. § 17-14-31 ACTIONS
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Attorney general. Plaintiff in penal action, §17-1-2. Criminal actions. Maintenance, §17-1-2. Governor. Plaintiff in penal action, §17-1-2. Voidable transactions. Restitution. Action to set aside deceptive transfers under voidable transactions act, §17-14-17. ADMISSIONS. Continua…
O.C.G.A. § 17-14-32 SPECIAL PRESENTMENTS
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Against corporations, §17-7-92. Presentation to jury, §17-8-2. Prosecutions upon, §17-7-51. SPEEDY TRIAL. Capital cases. Demand for, filing, §17-7-171. Discharge for lack of timely prosecution, §17-7-171. Time for trial when demand filed, §17-7-171. Competency of defendant proceedi…
O.C.G.A. § 17-14-4 Credit for time in confinement
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Eligibility. Confinement awaiting trial, receiving treatment, etc. Use in determining parole eligibility, §17-10-11. Crime victims’ bill of rights. Notification to victim of impending parole proceedings, §17-17-13. Eligibility. Credit for time in confinement. Confinement awaiting tri…
O.C.G.A. § 17-14-5 Payment, §17-14-8
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Crime victims emergency fund. Payments to and by, §17-14-18. Governmental entities that have compensated victim. Payment of restitution to, §17-14-6. Interest, §17-14-14. Review of compliance, §17-14-14. Wage assignments, §17-14-14. Peonage not authorized, §17-14-15. Plan of offe…
O.C.G.A. § 17-14-7 CARJACKING
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Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. BURGLARY. Bail and recognizance. Where offense bailable, §17-6-1. Motor vehicles. Entering with intent to commit theft or felony. Trial upon accusations, §17-7-70.1. CARNAL KNOWLEDGE. Rape. …
O.C.G.A. § 17-14-8 Remand of sentence
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Copies of restitution order provided to department, §17-14-8. COMMUTATIONS. Crime victims’ bill of rights. Death sentence. Notice to victim of hearing on request for commutation, §17-17-13. COMPETENCY AT TIME OF CRIME.
O.C.G.A. § 17-14-9 Amount of restitution
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The amount of restitution ordered shall not exceed the victim’s damages. History. — Code 1933, § 27-3009, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172. Editor’s notes. — Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: ‘‘…
O.C.G.A. § 17-15-1 Legislative intent
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The General Assembly recognizes that many innocent persons suffer personal physical injury, serious mental or emotional trauma, severe financial hardship, or death as a result of criminal acts or attempted criminal acts. The General Assembly finds and determines that there is a nee…
O.C.G.A. § 17-15-10 Insufficient funds to pay authorized award
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Notwithstanding any other provision of this chapter to the contrary, where an award under this chapter has been authorized but there are not sufficient funds in the fund to pay or continue paying the award, then the award or the remaining portion thereof shall not be paid unless …
O.C.G.A. § 17-15-11 False claims
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Any person who asserts a false claim under the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor and shall further forfeit any benefit received and shall reimburse and repay the state for payments recei…
O.C.G.A. § 17-15-12 Effect of accepting award
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(a) Acceptance of an award made pursuant to this chapter shall subrogate the state, to the extent of such award, to any right or right of action occurring to the claimant to recover payments on account of losses resulting from the crime with respect to which the award is made. Th…