Defendant Arrested, Held, or Present in County Other Than That in Which Indictment or Accusation Is Pending

1. Law
2. Georgia Code
3. Criminal Procedure
4. Jurisdiction and Venue
5. Defendant Arrested, Held, or Present in County Other Than That in Which Indictment or Accusation Is Pending

1. A defendant arrested, held, or present in a county other than that in which an indictment or accusation is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but with intellectual disability, or nolo contendere; to waive trial in the county in which the indictment or accusation is pending; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting attorney for each county, the clerk of the court in which the indictment or accusation is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county.
2. A defendant arrested, held, or present in a county other than the county in which a complaint or arrest warrant is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but with intellectual disability, or nolo contendere; to waive venue and trial in the county in which the complaint or warrant was issued; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting attorney for each county, the clerk of the court in which the complaint or arrest warrant is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county.
3. If after the proceeding has been transferred pursuant to subsection (a) or (b) of this Code section the defendant pleads not guilty or not guilty by reason of insanity, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. A defendant's statement that the defendant wishes to plead guilty, guilty but mentally ill, guilty but with intellectual disability, or nolo contendere shall not be used against the defendant.

(Code 1981, §17-2-4, enacted by Ga. L. 1995, p. 1250, § 1; Ga. L. 2017, p. 471, § 2/HB 343.)

Law reviews.

- For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For note on the 1995 enactment of this Code section, see 12 Ga. St. U.L. Rev. 144 (1995).

JUDICIAL DECISIONS

State not required to stipulate to venue.

- Venue is not a fact to which the state is required to stipulate whenever the defendant wishes to do so, particularly when the state disbelieves the defendant's account of that fact, because stipulations and waivers of jurisdictional defenses streamline a proceeding in which both parties agree on a fact, making further proof unnecessary; stipulations and jurisdictional waivers are not a means of forcing an opposing party to agree to facts the opposing party believes are not true and would mislead the factfinder. If the facts are disputed, the parties' competing evidence and arguments can be presented to the factfinder to resolve. State v. Dixon, 286 Ga. 706, 691 S.E.2d 207 (2010).

Trial court not required to instruct jury on lesser included offense over which court lacks venue.

- Court of appeals erred in reversing the defendant's conviction for armed robbery because the trial court properly declined to instruct the jury on the lesser included offense of theft by taking since there was no evidence that the included crime was committed in the county in which the defendant was being tried; although the state was unwilling to allow the defendant to waive venue or stipulate that what occurred was a theft by taking that happened entirely in Clayton County, the defendant was free to present evidence and argue to the jury that while the defendant was guilty of committing theft by taking in Clayton County, the defendant was not guilty of armed robbery in DeKalb County. But the defendant could not require the state to agree that the defendant committed theft by taking in Clayton County or require the trial court to instruct the jury on a lesser included offense over which the court lacked venue. State v. Dixon, 286 Ga. 706, 691 S.E.2d 207 (2010).

CHAPTER 3 LIMITATIONS ON PROSECUTION

Sec.

• 17-3-1. Generally.
• 17-3-2. Periods excluded.
• 17-3-2.1. Exclusions for certain offenses involving a victim under 16 years of age.
• 17-3-2.2. Statute of limitations.
• 17-3-3. Other exclusions.

Law reviews.

- For annual survey on criminal law and procedure, see 42 Mercer L. Rev. 141 (1990).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 27-601 are included in the annotations for this chapter.

State must show crime committed before accusation.

- It is essential, to sustain a conviction of a criminal offense, that it be distinctly shown that the alleged offense was committed prior to the suing out of the accusation. Rivers v. State, 55 Ga. App. 290, 189 S.E. 923 (1937) (decided under former Code 1933, § 27-601).

Burden on state to show accusation made within statute of limitations and after crime.

- Burden is as much upon the state to prove affirmatively that the accusation was subsequent in time to the commission of the alleged offense as it is to show that the offense did not so far antedate the accusation as to be barred by the statute of limitations, the failure to prove either being fatal to the state's cause. Rivers v. State, 55 Ga. App. 290, 189 S.E. 923 (1937) (decided under former Code 1933, § 27-601).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 37, 144 et seq.

C.J.S.

- 22A C.J.S., Criminal Procedure and Rights of the Accused, § 589 et seq.

ALR.

- Burden on state to show that crime was committed within limitation period, 13 A.L.R. 1446.

Power of court to amend indictment, 68 A.L.R. 928.

Right of prosecution to review of decision quashing or dismissing indictment or information, or sustaining demurrer thereto, 92 A.L.R. 1137.

Construction and application of phrase "fleeing from justice" or similar phrase in exception to statutory limitation of time for criminal prosecution after commission of offense, 124 A.L.R. 1049.

Accessories to crimes enumerated in statute of limitations respecting prosecution for criminal offenses, as within contemplation of statute, 160 A.L.R. 395.

Limitations statute applicable to criminal contempt proceedings, 38 A.L.R.2d 1131.

When statute of limitations begins to run against action for conversion of property by theft, 79 A.L.R.3d 847.

Issuance or service of state-court arrest warrant, summons, citation, or other process as tolling criminal statute of limitations, 71 A.L.R.4th 554.

Waivability of bar of limitations against criminal prosecution, 78 A.L.R.4th 693.

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