Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-5-71 Preservation of evidence
1.7K chars
(a) In cases in which the victim reports an alleged sexual assault to law enforcement, the investigating law enforcement agency shall maintain any physical evidence collected as a result of an alleged sexual assault that contains biological material, including, but not limited to…
O.C.G.A. § 17-5-72 Right to free forensic medical examination
1.2K chars
A victim shall have the right to have a forensic medical examination regardless of whether the victim participates in the criminal justice 333 T.17, C.5, A.5 system or cooperates with law enforcement in pursuing prosecution of the underlying crime. A victim shall not be required …
O.C.G.A. § 17-5-73 Preservation of evidence
0.7K chars
Failure of victim to cooperate, §17-5-71. Right to free forensic medical examination, §17-5-72. Sodomy victims. Written statements of information for victims, §§17-18-1, 17-18-2. VICTIMS OF CRIMES —Cont’d Son of Sam law, §§17-14-30 to 17-14-32. Contract regarding reenactment of c…
O.C.G.A. § 17-6-1 LINEUPS
1.3K chars
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
1.1K chars
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
0.9K chars
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
0.2K chars
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
0.8K chars
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
0.3K chars
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
0.4K chars
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
1.7K chars
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
1.2K chars
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
0.3K chars
— 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
0.3K chars
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
5.7K chars
(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
0.8K chars
(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
1.0K chars
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
0.5K chars
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
1.4K chars
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
0.5K chars
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
1.1K chars
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
0.8K chars
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
0.9K chars
(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
1.8K chars
(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
1.2K chars
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
1.9K chars
(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
0.3K chars
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
0.6K chars
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
1.0K chars
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
1.0K chars
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
1.3K chars
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
0.2K chars
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
0.2K chars
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
O.C.G.A. § 17-7-1 Public defenders
0.9K chars
Additional personnel provided circuit public defenders. Contracting with council for, §17-12-32. Alternative delivery system for representing indigent defendants. Judicial circuit composed of single county, §17-12-36. Contracting with circuit public defender. Providing legal repr…
O.C.G.A. § 17-7-110 Allen v
27.8K chars
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…
O.C.G.A. § 17-7-112 Plea of misnomer
0.5K chars
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,…
O.C.G.A. § 17-7-113 Time for filing pretrial motions
2.1K chars
Demurrers and special pleas to be in writing; right to plead ‘‘not guilty’’ if demurrer or plea denied. Plea of misnomer. Time for making exception to form of indictment or accusation. PART 2 INSANITY AND MENTAL INCOMPETENCY 17-7-129. Mental capacity to stand trial; release of co…
O.C.G.A. § 17-7-130 Special plea filed by accused
1.0K chars
Procedure upon, §17-7-130. Speedy trial, demand. Period of time not included in determining if demand satisfied, §§17-7-170, 17-7-171. Trial on issue of competency. Court determining, §17-7-129. Procedures, §17-7-130. Mental health. Accused’s mental competency at time of crime. Pr…
O.C.G.A. § 17-7-130.1 Execution of mental incompetents
2.1K chars
Presumption of mental competency. Prior adjudication of competence to be executed, §17-10-69. Procedure to establish mental incompetency, §17-10-68. Motions. Illegally seized evidence. Motion to suppress, §17-5-30. Mutiny. Testimony of inmates in trials for crime of mutiny, §17-8…
O.C.G.A. § 17-7-131 Proceedings upon plea of insanity or mental incompetency at time of crime
18.2K chars
(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 …
O.C.G.A. § 17-7-151 Procedures, §17-7-150
0.5K chars
Subsequent changes, §17-7-152. Transfer of evidence, list of witness and papers, §17-7-151. Defendant arrested, held or present in county other than that in which indictment or accusation is pending, §17-2-4. VANS. Assault in public transit vehicle or station. Simple assault. Chi…
O.C.G.A. § 17-7-152 Subsequent changes of venue
0.5K chars
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 …
O.C.G.A. § 17-7-170 Daniels v
40.4K chars
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…
O.C.G.A. § 17-7-171 Entrance
1.7K chars
Extension of period for limitation on prosecutions, §17-3-3. Entry, §17-8-3. NOLO CONTENDERE, §17-7-95. Trial upon plea of, §17-7-70.1. NONAPPEARANCE. Bail and recognizance. Forfeiture of bond on principal’s failure to appear, §17-6-31. Unsecured judicial release. Effect of failu…
O.C.G.A. § 17-7-190 SUBROGATION
0.6K chars
Crime victims’ compensation. Rights of state, §17-15-12. Victim compensation payments. Rights of state, §17-15-12. SUMMONS AND PROCESS. Legislators exemption, §17-8-28. Litter offenses. Trial upon summons with or without accusation, §17-7-73. SUPPRESSION OF EVIDENCE. Searches and…
O.C.G.A. § 17-7-192 Continuance for nonattendance of witnesses not subpoenaed by defendant
0.5K chars
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 …
O.C.G.A. § 17-7-2 Preliminary commitments
0.1K chars
Delivery of accused to person in charge of jail, §17-7-32. Release pending voluntary surrender, §17-10-9.1. Mutinous conduct.
O.C.G.A. § 17-7-21 Rules of evidence
0.4K chars
Applicability, hearsay admissible, §§17-4-40, 17-7-28. Silence of accused. Effect of failure of accused to testify, §17-7-28. Time granted parties to prepare case and to secure counsel, §17-7-24. Witnesses. Bonds to secure appearance, §§17-7-26, 17-7-27. Power of court to compel …
O.C.G.A. § 17-7-210 Jenkins v
24.6K chars
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 …
O.C.G.A. § 17-7-211 Pierce v
23.5K chars
State, 209 Ga. App. 366, 433 S.E.2d 641 (1993) (decided under former O.C.G.A. § 17-7-211). Handwritten notes and experiments of state’s experts were not scientific reports for purposes of discovery under former O.C.G.A. § 17-7-211. Williams v. State, 251 Ga. 749, 312 S.E.2d 40 (19…