Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-1-1 Filing and service of pleadings, motions, and other papers
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(a) Unless otherwise provided by law or by order of the court, every pleading subsequent to the entry of the initial indictment or accusation upon which the defendant is to be tried; every order not entered in open court; every written motion, unless it is one as to which a heari…
O.C.G.A. § 17-1-2 Maintenance of penal actions
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A ‘‘penal action’’ is an action allowed in pursuance of public justice under particular laws. If no special officer is authorized to be the plaintiff therein, the state, the Governor, the Attorney General, or the prosecuting attorney may be the plaintiff.
O.C.G.A. § 17-1-3 Minors
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Driving under the influence. Appeal bonds, §17-6-1. Grand jury. Time for presentment of child’s case, §17-7-50.1. Failure to timely present, transfer to juvenile court, §17-7-50.1. 1588 INDEX CRIMINAL LAW AND PROCEDURE —Cont’d Minors —Cont’d List of children in detention pending t…
O.C.G.A. § 17-1-4 Vacation of judgments, verdicts, rules, or orders obtained by perjury
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Any judgment, verdict, rule, or order of court which may have been obtained or entered shall be set aside and be of no effect if it appears that the same was entered in consequence of corrupt and willful perjury. It shall be the duty of the court in which the verdict, judgment, r…
O.C.G.A. § 17-2-2 Venue generally
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(a) In general. Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law. (b) Crime committed on boundary line of two counties. If a crime is committed on, or immediately adjacent to, the boundary line between two counties, …
O.C.G.A. § 17-3-1 Generally
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(a) A prosecution for murder may be commenced at any time. (b) Except as otherwise provided in Code Section 17-3-2.1, prosecution for other crimes punishable by death or life imprisonment shall be commenced within seven years after the commission of the crime except as provided b…
O.C.G.A. § 17-3-2 Periods excluded
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The period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute does not include any period in which: (1) The accused is not usually and publicly a resident within this state; (2) The person committing the crime is unknown or the crim…
O.C.G.A. § 17-3-2.1 Mosby v
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State, 319 Ga. App. 642, 738 S.E.2d 98 (2013). When the defendant was convicted of aggravated child molestation and child molestation, trial counsel was not ineffective for failing to file a motion to dismiss 17-3-2.1 or plea in bar based on the statute of limitations as the indic…
O.C.G.A. § 17-3-2.2 Statute of limitations
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In addition to any periods excluded pursuant to Code Section 17-3-2, if the victim is a person who is 65 years of age or older, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until th…
O.C.G.A. § 17-3-3 Other exclusions
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If an indictment is found within the time provided for in Code Section 17-3-1 or 17-3-2, or other applicable statute, and is quashed or a nolle prosequi entered, the limitation shall be extended six months from the time the first indictment is quashed or the nolle prosequi entered…
O.C.G.A. § 17-4-1 Actions constituting an arrest
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An actual touching of a person with a hand is not essential to constitute a valid arrest. If the person voluntarily submits to being considered under arrest or yields on condition of being allowed his freedom of locomotion, under the discretion of the officer, the arrest is compl…
O.C.G.A. § 17-4-2 Privilege from arrest of active duty military personnel
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The members of the organized militia or military forces shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at drills, parades, meetings, encampments, and the election of officers and going to, during, and returnin…
O.C.G.A. § 17-4-20 Arrest
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Use, §17-4-20. 1594 INDEX DEAF AND HEARING IMPAIRED PERSONS. Arrest. Interpreters provided. Arresting officer to comply with provisions, §17-4-30. Interpreters. Arresting law enforcement agency. Arresting officer to comply with provisions, §17-4-30. DEATH CHAMBER, §17-10-44. Prov…
O.C.G.A. § 17-4-20.1 McCracken v
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State, 224 Ga. App. 356, 480 S.E.2d 361 (1997). There was no error in the trial court’s conclusion that the defendant’s warrantless arrest after being found at the home of a friend was justified under O.C.G.A. § 17-4-20(a) as another friend of the defendant had been found shot at …
O.C.G.A. § 17-4-20.2 Bias Crime Report; requirements; use of reports; publication
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(a) Whenever a law enforcement officer investigates an incident of a crime in which it appears that the defendant intentionally selected any victim or group of victims or any property as the object of the offense because of such victim’s or group of victims’ actual or perceived r…
O.C.G.A. § 17-4-22 Extradition of criminals
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Aliens, §17-13-4. Arresting officers. Authority, §17-13-29. Refusal to assist, §17-13-29. Execution of warrants for arrest, §17-13-5. Manner and place of execution of governor’s warrant, §17-13-28. Issuance of another warrant of arrest by governor, §17-13-41. Issuance of governor…
O.C.G.A. § 17-4-23 Cocaine
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Trafficking in. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. DRUGS —Cont’d Controlled substances —Cont’d Delivery. Trial upon accusation, §17-7-70.1. Dispensing. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7…
O.C.G.A. § 17-4-28 Evidence
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Inapplicability of rules in proceedings for issuance, §17-4-40. Execution.
O.C.G.A. § 17-4-3 Actions constituting an arrest
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Privilege from arrest of active duty military personnel. Right of forcible entry into private dwellings pursuant to execution of arrest warrant. Article 2 Arrest by Law Enforcement Officers Generally 17-4-20. Authorization of arrests with and without warrants generally; use of de…
O.C.G.A. § 17-4-30 Arrest of hearing impaired persons
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Article 3 Warrants for Arrest 17-4-40. 17-4-41. 17-4-42. 72 Persons who may issue warrants for arrest of offenders against penal laws; warrants requested by others; persons who may issue warrants for arrest of law enforcement or peace officers or school teachers or administrators…
O.C.G.A. § 17-4-40 Execution
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Duty of law enforcement officers, §17-4-24. ARREST —Cont’d Warrants —Cont’d Execution —Cont’d Right of forcible entry into private dwellings pursuant to execution, §17-4-3. Without backing or indorsement of judicial officer in county where warrant is executed, §17-4-44. Extraditi…
O.C.G.A. § 17-4-43 By law enforcement officers
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Generally, §§17-4-20 to 17-4-29. Citizen arrest. Duty to take arrested person before judicial or peace officer, §17-4-61. Time limitation, §17-4-62. Grounds for arrest, §17-4-60. Posse, §17-4-24. Crime victims’ bill of rights. Notification to victim of accused’s arrest, §§17-17-5,…
O.C.G.A. § 17-4-44 Special warrants, §17-4-42
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Who may issue, §17-4-40. Law enforcement of peace officers. Issuance for arrest of officer. Alleged offense committed in performance of duties, §17-4-40. Persons other than peace or law enforcement officers, §17-4-40. Probable cause. Issuance based on, §17-4-40. Return of warrant…
O.C.G.A. § 17-4-45 Form of affidavit for arrest warrant
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An affidavit for an arrest warrant substantially complying with the following form shall in all cases be sufficient: Georgia, County. Personally came (name of affiant), who on oath says that, to the best of his knowledge and belief, (name of person against whom the warrant is sou…
O.C.G.A. § 17-4-46 Form of warrant for arrest
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An arrest warrant substantially complying with the following form shall in all cases be sufficient: Georgia, County. To any sheriff, deputy sheriff, coroner, constable, or marshal of said state — Greetings: (Name of the affiant) makes oath before me that on the day of , in the ye…
O.C.G.A. § 17-4-47 Extradition of criminals
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Applications for requisitions. Fugitives from justice of state of Georgia, §17-13-1. Harassment of victim or witness in criminal case. Temporary restraining orders, §17-17-16. AGGRAVATED CHILD MOLESTATION —Cont’d Prosecution of offense. Time where victim under sixteen years of ag…
O.C.G.A. § 17-4-60 Arbee v
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Collins, 219 Ga. App. 63, 463 S.E.2d 922 (1995). Summary judgment was improperly granted in favor of the employer based on the employer procuring the employee’s false imprisonment when the employee was arrested by a detective because, although two of the loss prevention officers …
O.C.G.A. § 17-4-61 FALSE CLAIMS
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Victims of crime. Victim compensation, §17-15-11. FALSE IMPRISONMENT. Peace officer’s liability. Private persons making arrest, §17-4-61. FAMILY VIOLENCE —Cont’d Investigations, §17-4-20.1. Offense of violating family violence order. Child witnesses. Presence of accused, testimon…
O.C.G.A. § 17-4-62 Battle v
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State, 254 Ga. 666, 333 S.E.2d 599 (1985). Sanction for violating O.C.G.A. § 17-4-62 is that the defendant shall be released and does not require suppression of evidence gathered in the interim. Chisholm v. State, 231 Ga. App. 835, 500 S.E.2d 14 (1998). Section cannot justify ill…
O.C.G.A. § 17-5-1 State v
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Edwards, 307 Ga. App. 267, 704 S.E.2d 816 (2010). Search of cell phone incident to lawful arrest was proper. — When evidence showed that the defendant’s cell phone was an instrumentality of the crime of cocaine trafficking and that the details of the drug transaction were arrange…
O.C.G.A. § 17-5-100 Investigation of illegal alien status
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(a) As used in this Code section, the term: (1) ‘‘Criminal violation’’ means a violation of state or federal criminal law but shall not include a violation of a county or municipal law, regulation, or ordinance. (2) ‘‘Illegal alien’’ means a person who is verified by the federal g…
O.C.G.A. § 17-5-2 Search warrants, §§17-5-20 to 17-5-32
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WEAPONS. Bail restricted offense. Unsecured judicial release, offenses not eligible for. Certain firearms offenses, §17-6-12. Carrying weapons. Forfeiture. Civil forfeitures, §§17-5-51, 17-5-52. Disposition of weapon used in commission of crime, §17-5-52. Concealed weapons. Carryi…
O.C.G.A. § 17-5-20 Requirements for issuance of search warrant generally
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(a) A search warrant may be issued only upon the application of an officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws or a currently certified peace officer engaged in the course of official duty, whether said officer is employ…
O.C.G.A. § 17-5-21 Requirements generally, §17-5-20
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Time and date. Required, §17-5-22. Video conference, §17-5-21.1. Who may apply, §17-5-20. Who may issue, §17-5-21. Judges emeritus, §17-5-21. Retired judges, §17-5-21. Officers authorized to execute, §17-5-24. Quashing because of technical irregularities, §17-5-31. Video conferen…
O.C.G.A. § 17-5-21.1 Issuance of search warrants by video conference
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(a) A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference. The iss…
O.C.G.A. § 17-5-23 Command of search warrant
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The search warrant shall command the officer directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles, or things particularly described in the search warrant. History. — Ga. L. 1966, p. 567, § 7.
O.C.G.A. § 17-5-24 Officers authorized to execute search warrants
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The search warrant shall be issued in duplicate and shall be directed for execution to all peace officers of this state. However, the judicial officer may direct the search warrant to be executed by any peace officer named specially therein. History. — Ga. L. 1966, p. 567, § 5.
O.C.G.A. § 17-5-25 Execution of search warrant generally
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The search warrant shall be executed within ten days from the time of issuance. If the warrant is executed, the duplicate copy shall be left with any person from whom any instruments, articles, or things are seized; or, if no person is available, the copy shall be left in a consp…
O.C.G.A. § 17-5-26 Warrantless searches, §§17-5-1, 17-5-2
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SECOND DEGREE CRUELTY TO CHILDREN. Child witnesses. Presence of accused, testimony outside of, §17-8-55. SELF-INCRIMINATION. Accused. Privilege against. No presumption, no comment on failure to testify. Commitment hearings, §17-7-28. 1645 INDEX SELF-INCRIMINATION —Cont’d Law enfo…
O.C.G.A. § 17-5-27 Use of force in execution of search warrant
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All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant if, after verbal notice or an attempt in good faith to give verbal notice by the officer directed to execute the same of his authority and p…
O.C.G.A. § 17-5-28 State v
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Holmes, 240 Ga. App. 332, 525 S.E.2d 698 (1999). Persons entering during search must be authorized. — Right to search those coming in while a search of the premises is going on, when such search is expressly authorized by the warrant, must be shown by the grounds of probable caus…
O.C.G.A. § 17-5-29 Scope of search
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Permissible scope, §17-5-21. Searches without warrants, §§17-5-1, 17-5-2. Search warrants, §§17-5-20 to 17-5-32.
O.C.G.A. § 17-5-30 State v
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Johnston, 160 Ga. App. 71, 286 S.E.2d 47 (1981), aff ’d, 249 Ga. 413, 291 S.E.2d 543 (1982). Burden of proof concerning intoximeter test’s legality. — State has burden of proving that seizure of appellee’s breath resulting in the intoximeter results is in accordance with mandated…
O.C.G.A. § 17-5-32 Sentence and punishment
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Death penalty generally, §§17-10-30 to 17-10-44. Mentally incompetent to be executed, §§17-10-60 to 17-10-71. Procedure for sentencing and imposition of punishment, §§17-10-1 to 17-10-21. Trial. Conduct and argument of counsel, §§17-8-70 to 17-8-76. Conduct of proceedings, §§17-8…
O.C.G.A. § 17-5-50 Sentencing
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Presentence hearings in felony cases, §17-10-2. HIGH SCHOOL DIPLOMA OR EQUIVALENT. Sentencing. Minor defendant without, §17-10-1. HIGHWAYS, ROADS AND STREETS. Department of transportation. Memorial erected on state highway. Crime victim compensation. Victim of homicide by vehicle…
O.C.G.A. § 17-5-53 Disposition of devices with historical or instructional value
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17-5-54. Definitions; disposition of personal property in custody of law enforcement agency. 17-5-55. Designation of custodian for introduced evidence; evidence log; storage, maintenance, and disposal of evidence. 17-5-56. Maintenance of physical evidence containing biological mat…
O.C.G.A. § 17-5-54 Boone v
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Sheriff of Lowndes County, 232 Ga. App. 601, 502 S.E.2d 535, 1998 Ga. App. LEXIS 768 (1998) (decided under former O.C.G.A. § 16-13-49). Libel condemnation proceeding was a special statutory proceeding governed by former O.C.G.A. § 16-1349, which must be strictly construed. Lang v…
O.C.G.A. § 17-5-55 Failure of accused to testify
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No presumption, no comment. Commitment hearings, §17-7-28. Hearsay. Criminal commitment or preliminary hearing. Admissibility, §§17-4-40, 17-7-28. Inventory of evidence after verdict and judgment. Custodian of evidence, §17-5-55. Mental health. Examination admissibility, §17-7-13…
O.C.G.A. § 17-5-56 SCHOOLS AND EDUCATION
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Arrest warrants. Issuance for arrest of teachers or school administrators. Alleged offense committed in performance of duties, §17-4-40. Assault and battery. Simple assault against employee of public school system. Child witnesses. Presence of accused, testimony outside of, §17-8…
O.C.G.A. § 17-5-70 Definitions
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As used in this article, the term: (1) ‘‘Forensic medical examination’’ means an examination by a health care provider of a person who is a victim of a sexual assault. Such examination shall include a physical examination, documentation of biological and physical findings, and col…