What pretrial motions are commonly used in Georgia criminal defense?

What pretrial motions are commonly used in Georgia criminal defense?

The main ones are motions to suppress, demurrers, severance, limine, speedy trial demands, and immunity motions. Under O.C.G.A. § 17-7-110, pretrial motions must be filed within 10 days after arraignment, unless the court extends that time.

Motion Purpose Source
Suppress Exclude evidence from an unlawful search or statement § 17-5-30; Jackson v. Denno
General or special demurrer Attack the indictment § 17-7-111
Plea in bar Double jeopardy, limitations, acquittal § 17-7-53.1 for second indictments
Immunity Self-defense § 16-3-24.2
Severance Separate defendants or counts Bruton (1968); § 17-8-4
In limine Keep specific evidence out § 24-1-103
Discovery Compel, Brady §§ 17-16-1 to 17-16-10
Bill of particulars Ask for detail on the charge Georgia case law
Change of venue Publicity or prejudice § 17-7-150
Speedy trial Statutory demand § 17-7-170
Competency Fitness for trial § 17-7-130

The state has its own, such as a notice of intent to use prior acts under § 24-4-404(b) and, where the defendant opted into discovery, notice of evidence in aggravation under § 17-16-4(a)(5).

The order of filing can matter. A motion to suppress must be written and state the facts, § 17-5-30(b), and failure to do so can waive it. Some errors, such as a defect in an indictment, are waived if not raised before pleading. Waiting for trial may lose an issue, and a lawyer’s failure to file a winning motion can become an ineffective assistance claim.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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