2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 7 - Pretrial Proceedings
Article 2 - Commitment Hearings
- § 17-7-20. Persons Who May Hold Courts of Inquiry; Procedure Where Offense Committed in County Which Is Member of Regional Jail Authority
- § 17-7-21. Holding of Court of Inquiry by Several Judicial Officers; Procedure for Deciding Questions
- § 17-7-22. Powers of Presiding Officer in Court of a Municipal Corporation to Bind Over or Commit Criminal Offenders to Jail
- § 17-7-23. Duties of Court of Inquiry; Preclusion of Certain Courts From Trying Charges Involving Code Section 16-11-126
- § 17-7-24. Time Granted Parties to Prepare Case and to Secure Counsel; Granting of Bail Where Hearing Delayed
- § 17-7-25. Power of Court to Compel Attendance of Witnesses
- § 17-7-26. Authority to Require Bonds to Secure Appearance of Witnesses
- § 17-7-27. Sheriffs and Constables to Accept Bond for Appearance of Witnesses; Approval of Sureties by Sheriff
- § 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
- § 17-7-29. Commitment of Defendant for Different Offense Than Stated in Warrant
- § 17-7-30. Form of Commitment
- § 17-7-31. Endorsement of Names of State's Witnesses on Warrant
- § 17-7-32. Disposition of Commitment Form, Warrant, and Other Papers; Delivery of Accused to Person in Charge of Jail
- § 17-7-33. Billing and Payment of Costs of Justice of the Peace and Constable
- § 17-7-34. Effect of Informality in Commitment or Prior Proceedings
- Committal hearings in magistrate court, Uniform Rules for the Magistrate Courts, Rule 25.
JUDICIAL DECISIONSThere is no federal constitutional right to a preliminary hearing. Pitts v. Hopper, 402 F. Supp. 119 (N.D. Ga. 1974), aff'd, 520 F.2d 941 (5th Cir. 1975).
Preliminary hearing is not a required step in a felony prosecution and once an indictment is obtained there is no judicial oversight or review of the decision to prosecute because of any failure to hold a commitment hearing. Bridges v. State, 154 Ga. App. 811, 270 S.E.2d 60 (1980); Clarke v. State, 158 Ga. App. 749, 282 S.E.2d 1 (1981).
Denial of commitment hearing basis for overturning conviction.
- Court of Appeals will not overturn a conviction on direct appeal or on collateral attack because a commitment hearing was denied the appellant. Bridges v. State, 154 Ga. App. 811, 270 S.E.2d 60 (1980).
In no event will a conviction be overturned on direct appeal or on collateral attack because a commitment hearing was denied appellant. Clarke v. State, 158 Ga. App. 749, 282 S.E.2d 1 (1981).
After indictment and subsequent conviction, lack of a commitment hearing will not be construed as reversible error. Clarke v. State, 158 Ga. App. 749, 282 S.E.2d 1 (1981).
Cited in Moye v. Georgia, 330 F. Supp. 290 (N.D. Ga. 1971).
OPINIONS OF THE ATTORNEY GENERAL
Bail of person arrested by campus police officer.
- Person arrested by a campus police officer for violation of a state criminal law should be incarcerated in the county jail, as the sheriff, by virtue of that office, is the county jailer. Whether the accused is to be admitted to bail and the amount of the bail are matters which are addressed to the commitment court. 1970 Op. Att'y Gen. No. 70-69.
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, § 69 et seq. 53 Am. Jur. 2d, Mentally Impaired Persons, § 22 et seq.
C.J.S.- 16D C.J.S., Constitutional Law, § 2167.
ALR.- Right of person accused of crime to exclude public from preliminary hearing or examination, 31 A.L.R.3d 816.
