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§ 9-14-18.Discharge after arrest for offense committed in another state

Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-14-18 bars discharging a person arrested on reasonable suspicion of committing an offense in another state until sufficient time has passed for a demand to be made on the Governor for that person’s rendition.

Full Text of § 9-14-18

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If a person is arrested on suspicion of the commission of an offense in another state and the suspicion is reasonable, the person shall not be discharged until a sufficient time has been given for a demand to be made on the Governor for his rendition.

Plain-English Summary

This section covers a specific fact pattern: an arrest made not on a Georgia charge, but on suspicion that the person committed an offense in another state. Habeas corpus does not automatically free that person just because Georgia itself has no charge pending.

The condition for holding the person is reasonableness — the suspicion of the out-of-state offense has to be reasonable, not a pretext for detention. Once that condition is met, the statute withholds discharge until sufficient time has passed for the demanding state to make a formal request to Georgia’s Governor for the person’s rendition, the interstate process by which one state surrenders a fugitive to another.

The underlying logic mirrors Code Section 9-14-17’s approach to defective process: rather than releasing someone the moment the local record looks incomplete, the statute gives the machinery of interstate cooperation a reasonable window to catch up before habeas corpus forces a release.

Frequently Asked Questions

Can Georgia hold someone suspected of a crime committed in another state?

Yes, so long as the suspicion is reasonable, this section allows the detention to continue rather than requiring immediate discharge on habeas corpus.

What must happen before the person can be discharged?

Sufficient time must be given for a demand to be made on the Governor for the person’s rendition to the other state.

What standard applies to the suspicion supporting the arrest?

It must be reasonable; the statute does not permit indefinite detention on unfounded suspicion.

What is rendition in this context?

The interstate process by which the demanding state formally requests, through the Governor, that Georgia surrender the person to face the out-of-state charge.

Does this section apply to offenses charged within Georgia?

No. It applies specifically to a person arrested on suspicion of an offense committed in another state.

Amendment History

Orig. Code 1863, § 3926; Code 1868, § 3949; Code 1873, § 4025; Code 1882, § 4025; Penal Code 1895, § 1228; Penal Code 1910, § 1309; Code 1933, § 50-118.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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