Chapter 7. Pretrial Proceedings
Article 1. General Provisions
- OCGA § 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
- OCGA § 17-7-2 When Sheriff Not Required to Receive Prisoner From Another County
- OCGA § 17-7-3 List of Children In Detention Pending Trial Provided to Chief Judge and Prosecuting Attorney
- OCGA § 17-7-4 [Election to Be Tried By Court Sitting Without Jury]
Article 2. Commitment Hearings
- OCGA § 17-7-20 Persons Who May Hold Courts of Inquiry
- OCGA § 17-7-21 Holding of Court of Inquiry By Several Judicial Officers; Procedure For Deciding Questions
- OCGA § 17-7-22 Powers of Presiding Officer In Court of a Municipal Corporation to Bind Over Or Commit Criminal Offenders to Jail
- OCGA § 17-7-23 Duties of Court of Inquiry; Preclusion of Certain Courts From Trying Charges Involving Code Section 16-11-126
- OCGA § 17-7-24 Time Granted Parties to Prepare Case and to Secure Counsel; Granting of Bail Where Hearing Delayed
- OCGA § 17-7-25 Power of Court to Compel Attendance of Witnesses
- OCGA § 17-7-26 Authority to Require Bonds to Secure Appearance of Witnesses
- OCGA § 17-7-27 Sheriffs and Constables to Accept Bond For Appearance of Witnesses; Approval of Sureties By Sheriff
- OCGA § 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
- OCGA § 17-7-29 Commitment of Defendant For Different Offense Than Stated In Warrant
- OCGA § 17-7-30 Form of Commitment
- OCGA § 17-7-31 Endorsement of Names of State's Witnesses On Warrant
- OCGA § 17-7-32 Disposition of Commitment Form, Warrant, and Other Papers; Delivery of Accused to Person In Charge of Jail
- OCGA § 17-7-33 [Repealed] Billing and Payment of Costs of Justice of the Peace and Constable
- OCGA § 17-7-34 Effect of Informality In Commitment Or Prior Proceedings
Article 3. Indictments
- OCGA § 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
- OCGA § 17-7-50.1 Time For Presentment of Child's Case to a Grand Jury; Exception
- OCGA § 17-7-51 Special Presentments Treated As Indictments; Entry Upon Minutes; Prosecutions Upon Special Presentments
- OCGA § 17-7-52 Procedure For Indictment Or Special Presentment of Peace Officer For Crime In Performance of Duties; Notification; Rights of Officer
- OCGA § 17-7-53 Operation of Two Returns of "No Bill" On Charge As Bar to Future Prosecution For Same Charge
- OCGA § 17-7-53.1 Quashing of Second Grand Jury Indictment Or Presentment Bars Further Prosecution
- OCGA § 17-7-54 Form of Indictment By Grand Jury
- OCGA § 17-7-55 Empaneling Concurrent Grand Juries
Article 4. Accusations
- OCGA § 17-7-70 Trial Upon Accusations of Felony and Misdemeanor Cases In Which Guilty Plea Entered and Indictment Waived
- OCGA § 17-7-70.1 Trial Upon Accusations In Certain Felony and Misdemeanor Cases; Trial Upon Plea of Guilty Or Nolo Contendere
- OCGA § 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
- OCGA § 17-7-72 Jurisdiction of Probate Courts to Try Certain Drug and Alcohol Offenses
- OCGA § 17-7-73 Trial of Litter Offenses Upon Summons Or Citation Without Accusation
Article 5. Arraignment and Pleas Generally
- OCGA § 17-7-90 Issuance of Bench Warrant; Execution; Receiving Bail, Fixing Bond, and Approving Sureties
- OCGA § 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
- OCGA § 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
- OCGA § 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
- OCGA § 17-7-94 Recordation and Effect of Plea of "Not Guilty" Or of Standing Mute
- OCGA § 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; Imposition of Sentence Upon Plea Deemed Jeopardy
- OCGA § 17-7-96 Prosecuting Officer to Enter Arraignment and Plea On Indictment Or Accusation
- OCGA § 17-7-97 Proceedings Upon Failure of Clerk to Record Arraignment and Plea; Effect of Proceedings
Article 6. Demurrers, Motions, and Special Pleas and Exceptions
Article 7. Demand For Trial; Announcement of Readiness For Trial
- OCGA § 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
- OCGA § 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
- OCGA § 17-7-172 Requirement of Announcement By State of Readiness For Trial Prior to Announcement By Defendant; Speedy Trial
Article 8. Procedure For Securing Attendance of Witnesses At Grand Jury Or Trial Proceedings
- OCGA § 17-7-190 Subpoena of Material Witnesses For State For Appearance Before Grand Jury; Furnishing of Prosecuting Officers With List of Persons Subpoenaed
- OCGA § 17-7-191 Subpoena Process For Witnesses of Defendant; When Subpoenas May Be Extended to Witnesses Outside of County
- OCGA § 17-7-192 Continuance For Nonattendance of Witnesses Not Subpoenaed By Defendant
Article 9. Discovery