O.C.G.A.

O.C.G.A. § 27-1-35 (2019)

Jurisdiction of probate courts; summons

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The jurisdiction of the probate courts of the several counties of this state is enlarged and extended so that probate courts, acting by and through the judge or presiding officer, shall have the right and power to receive pleas of guilty and impose sentence upon defendants violating the provisions of this title. (b) When a person is arrested for any violation of the wildlife laws, the arresting officer may, at his discretion, choose to issue to the offender a summons to appear before a court of jurisdiction. Every such summons shall show:

(1) That it is issued by authority of the department; (2) The name of the person summoned or, if the person to be summoned refuses to give his name or the officer serving the summons believes the name given is false or if the officer is for other cause unable to ascertain the correct name of the person to be summoned, a fictitious name plainly identified as such; (3) The offense with which the person being summoned is charged and the date and location of the alleged offense; (4) The location of the court and the day and hour at which he is summoned to appear; (5) That failure to so appear is a violation of Georgia laws and subject to prosecution; (6) The date the summons is served; and (7) The name and official designation of the officer serving it. (c) Every person so summoned shall appear at the place and on the date ordered except in cases where a bond has been posted in lieu of the summons or where the court has granted a continuance. (d) The officer serving a summons pursuant to this Code section shall, on or before the return date of the summons, deliver a copy thereof to the court before which it is returnable, or to the clerk of such court, and shall file any information and such affidavits as may be required with respect to the alleged offense. (e) Personal delivery of a summons to the persons charged shall constitute due and proper service of the summons; provided, however, that if the violation is for a vehicle parking violation involving an unattended vehicle, service may be made by placing the summons on the driver’s side of the windshield of the vehicle.

History

(Ga. L. 1968, p. 497, § 20; Code 1933, § 45-215, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1996, p. 980, § 3.)

Annotations

JUDICIAL DECISIONS Cited in Thomas v. State, 185 Ga. App. 500, 364 S.E.2d 630 (1988). RESEARCH REFERENCES Am. Jur. 2d. - 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 59 et seq.

C.J.S. - 36A C.J.S., Fish, §§ 48, 49. 38 C.J.S., Game; Conservation and Preservation of Wildlife, § 70 et seq.

Notes of Decisions

Cited in 1 case, 1988–1988 · leading case: Thomas v. State, 364 S.E.2d 630 (Ga. Ct. App. 1988).

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Thomas v. State, 364 S.E.2d 630 (Ga. Ct. App. 1988). · cites it 2× “The jurisdiction of the probate court is enlarged by OCGA §27-1-35 to authorize that court to receive guilty pleas in cases involving violations of Title 27, Game and Fish.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.