by admin | May 11, 2021 | Criminal Procedure, Georgia
(a) The death penalty may be imposed for the offenses of aircraft hijacking or treason in any case.(b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to...
by admin | May 11, 2021 | Criminal Procedure, Georgia
(a)(1) A defendant convicted of an offense and sentenced as a direct result of the defendant being the victim of an offense of trafficking under Code Section 16-5-46 may petition the court imposing the sentence to vacate such conviction. Such court shall maintain the...
by admin | May 11, 2021 | Criminal Procedure, Georgia
(a) In any case in which a fine or restitution is imposed as part of the sentence, such fine and restitution shall constitute a judgment against the defendant. Upon the request of the prosecuting attorney, it shall be the duty of the clerk of the sentencing court to...
by admin | May 11, 2021 | Criminal Procedure, Georgia
(a) In a case where notice has been given pursuant to Code Section 17-10-18, the trier of fact shall initially determine the defendant’s guilt on the charge or charges. If the trier of fact finds the defendant guilty of such charge or charges, the trial shall...
by admin | May 11, 2021 | Criminal Procedure, Georgia
At any time after the filing of an indictment or accusation but not later than the arraignment, the state shall notify the defendant of its intention to seek the enhanced penalty or penalties authorized by Code Section 17-10-17. The notice shall be in writing and...
by admin | May 11, 2021 | Criminal Procedure, Georgia
(a) As used in this Code section, the term “designated misdemeanor” means: (1) Simple assault as defined in Code Section 16-5-20;(2) Simple battery as defined in Code Section 16-5-23;(3) Battery as defined in Code Section 16-5-23.1;(4) Criminal trespass as...
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