Chapter

PRETRIAL PROCEEDINGS

O.C.G.A. § 17-7-1— Jailing of prisoners where no jail in county or when deemed necessary by sheriff; fees and costs; authority to levy and collect tax
O.C.G.A. § 17-7-2— When sheriff not required to receive prisoner from another county
O.C.G.A. § 17-7-3— List of children in detention pending trial provided to chief judge and prosecuting attorney
O.C.G.A. § 17-7-20— Persons who may hold courts of inquiry; procedure where offense committed in county which is member of regional jail authority
O.C.G.A. § 17-7-21— Holding of court of inquiry by several judicial officers; procedure for deciding questions
O.C.G.A. § 17-7-22— Powers of presiding officer in court of a municipal corporation to bind over or commit criminal offenders to jail
O.C.G.A. § 17-7-23— Duties of court of inquiry; preclusion of certain courts from trying charges involving Code Section 16-11-126
O.C.G.A. § 17-7-24— Time granted parties to prepare case and to secure counsel; granting of bail where hearing delayed
O.C.G.A. § 17-7-25— Power of court to compel attendance of witnesses
O.C.G.A. § 17-7-26— Authority to require bonds to secure appearance of witnesses
O.C.G.A. § 17-7-27— Sheriffs and constables to accept bond for appearance of witnesses; approval of sureties by sheriff
O.C.G.A. § 17-7-28— Hearing of evidence by court of inquiry; right of accused to testify; application of rules of evidence; effect of failure of accused to testify
O.C.G.A. § 17-7-29— Commitment of defendant for different offense than stated in warrant
O.C.G.A. § 17-7-30— Form of commitment
O.C.G.A. § 17-7-31— Endorsement of names of state’s witnesses on warrant
O.C.G.A. § 17-7-32— Disposition of commitment form, warrant, and other papers; delivery of accused to person in charge of jail
O.C.G.A. § 17-7-34— Effect of informality in commitment or prior proceed- ings
O.C.G.A. § 17-7-50— Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period
O.C.G.A. § 17-7-50.1— Time for presentment of child’s case to a grand jury; exception
O.C.G.A. § 17-7-51— Special presentments treated as indictments; entry upon minutes; prosecutions upon special present- ments
O.C.G.A. § 17-7-52— Procedure for indictment or special presentment of peace officer for crime in performance of duties; notification; rights of officer
O.C.G.A. § 17-7-53— Operation of two returns of “no bill” on charge as bar to future prosecution for same charge
O.C.G.A. § 17-7-53.1— Quashing of second grand jury indictment or presentment bars further prosecution
O.C.G.A. § 17-7-54— Form of indictment by grand jury
O.C.G.A. § 17-7-55— Empaneling concurrent grand juries
O.C.G.A. § 17-7-70— Trial upon accusations in felony cases; trial upon accusations of felony and misdemeanor cases in which guilty plea entered and indictment waived
O.C.G.A. § 17-7-70.1— Trial upon accusations in certain felony and misdemeanor cases; trial upon plea of guilty or nolo contendere
O.C.G.A. § 17-7-71— Trials of misdemeanors; trial of misdemeanor motor vehicle violations; form and contents of accusations; amendment of accusation; service of amendment upon defendant; continuances
O.C.G.A. § 17-7-72— Jurisdiction of probate courts to try certain drug and alcohol offenses
O.C.G.A. § 17-7-73— Trial of litter offenses upon summons or citation without accusation
O.C.G.A. § 17-7-90— Issuance of bench warrant; execution; receiving bail, fixing bond, and approving sureties
O.C.G.A. § 17-7-91— Date of arraignment; notice; service of notice and fee therefor; notice to surety on bond; arraignment; receipt and entering of plea; establishment of time for trial; effect of appearance and plea on notice requirement
O.C.G.A. § 17-7-92— Service of notice of filing of indictment, special presentment, or accusation against corporation; return of service; failure of corporation to appear or enter plea; judgment and execution against corporate property
O.C.G.A. § 17-7-93— Reading of indictment or accusation; answer of accused to charge; recordation of “guilty” plea and pronouncement of judgment; withdrawn guilty pleas; pleas by immigrants
O.C.G.A. § 17-7-94— Recordation and effect of plea of “not guilty” or of standing mute
O.C.G.A. § 17-7-95— Plea of nolo contendere in noncapital felony cases; imposition of sentence; use of plea in other proceedings; use of plea to effect civil disqualifications; impo- sition of sentence upon plea deemed jeopardy
O.C.G.A. § 17-7-96— Prosecuting officer to enter arraignment and plea on indictment or accusation
O.C.G.A. § 17-7-97— Proceedings upon failure of clerk to record arraignment and plea; effect of proceedings
O.C.G.A. § 17-7-110— Time for filing pretrial motions
O.C.G.A. § 17-7-111— Demurrers and special pleas to be in writing; right to plead “not guilty” if demurrer or plea denied
O.C.G.A. § 17-7-112— Plea of misnomer
O.C.G.A. § 17-7-113— Time for making exception to form of indictment or accusation
O.C.G.A. § 17-7-129— Mental capacity to stand trial; release of competency evaluation to prosecuting attorney
O.C.G.A. § 17-7-130— Proceedings upon plea of mental incompetency to stand trial
O.C.G.A. § 17-7-130.1— Evidence as to defendant’s sanity at time of offense; examination and testimony by psychiatrist or psy- chologist
O.C.G.A. § 17-7-131— Proceedings upon plea of insanity or mental incompe- tency at time of crime
O.C.G.A. § 17-7-150— Procedures for change of venue; transfer of case; appeal from denial of change of venue
O.C.G.A. § 17-7-151— Transfer upon change of venue of evidence, list of witnesses, and papers; issuance of subpoenas to witnesses and others by clerk of court selected to try case
O.C.G.A. § 17-7-152— Subsequent changes of venue
O.C.G.A. § 17-7-170— Demand for speedy trial; service; discharge and acquittal for lack of prosecution; expiration; reversal on direct appeal; mistrial and retrial; special pleas of incompetency
O.C.G.A. § 17-7-171— Time for demand for speedy trial in capital cases; discharge and acquittal when no trial held before end of two court terms of demand; counting of terms in cases in which death penalty is sought; special pleas of incompetency
O.C.G.A. § 17-7-172— Requirement of announcement by state of readiness for trial prior to announcement by defendant; speedy trial
O.C.G.A. § 17-7-190— Subpoena of material witnesses for state for appearance before grand jury; furnishing of prosecuting officers with list of persons subpoenaed
O.C.G.A. § 17-7-191— Subpoena process for witnesses of defendant; when subpoenas may be extended to witnesses outside of county
O.C.G.A. § 17-7-192— Continuance for nonattendance of witnesses not subpoenaed by defendant