Criminal Motions: The Bare Essentials
Criminal motions, demurrers, and special pleas are your opportunity to set the State back on their heels. There are very few parts of the criminal litigation process in Georgia that a criminal defendant can actually control. Motions and, particularly, innovative outside-of-the-box motions are your opportunity to control, at least in part, some of the litigation. However, there are rules that must be followed in the filing of motions.
First, motions must be timely filed. OCGA § 17-7-110 requires that all pretrial motions, including demurrers and special pleas, be filed within ten (10) days after the date of arraignment, unless the time for filing is extended by the court.
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