Allegation of Indictable Offense Committed by District Attorney or Staff Member; Procedure if True Bill Found

  1. Law
  2. Georgia Code
  3. Courts
  4. Prosecuting Attorneys
  5. General Provisions
  6. Allegation of Indictable Offense Committed by District Attorney or Staff Member; Procedure if True Bill Found

Checkout our iOS App for a better way to browser and research.

  1. When any person makes an affidavit before a judge of the superior court which alleges that the district attorney or a member of the staff of the district attorney has committed an indictable offense and the court finds that there is probable cause to believe that the accused has committed the alleged offense or the grand jury files a sealed report with the presiding judge that the grand jury has found reasonable grounds to believe that the district attorney or a member of the staff of the district attorney has committed such an offense and intends to proceed as provided in Code Sections 45-11-4 and 45-15-11, it shall be the duty of the court to notify the Attorney General as provided in Code Section 15-18-5.
  2. If a true bill is found, the case shall proceed as other criminal cases and upon conviction shall proceed as provided by Code Section 45-5-6.1.

(Orig. Code 1863, § 360; Code 1868, § 421; Code 1873, § 386; Code 1882, § 386; Penal Code 1895, § 807; Penal Code 1910, § 807; Code 1933, § 24-2918; Ga. L. 1996, p. 382, § 4; Ga. L. 2002, p. 1211, § 2.)

RESEARCH REFERENCES

ALR.

- Validity, under state law, of appointment of special prosecutor where regular prosecutor is charged with, or being investigated for, criminal or impeachable offense, 84 A.L.R.3d 115.


Download our app to see the most-to-date content.