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2018 Georgia Code 17-6-10 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

Section 6. Bonds and Recognizances, 17-6-1 through 17-6-114.

ARTICLE 1 GENERAL PROVISIONS

17-6-10. Acceptance of cash bonds for violations of ordinances or other offenses against municipalities; issuance of receipt; designated officials; effect of failure to appear in court; applicability to municipalities having similar provisions.

  1. All mayors or chief governing officers or their designated official or officials of municipalities are authorized to accept a cash bond for the personal appearance in court of any person charged with a violation of an ordinance or other offense against the municipality. The officer assessing and accepting a cash bond shall issue a receipt for the bond to the person charged with the violation.
  2. When any mayor or chief governing officer of any municipality of this state designates any municipal official to accept cash bonds under subsection (a) of this Code section, the delegation of authority shall be in writing and filed in the records of the municipality.
  3. Any person charged with a violation of an ordinance or other offense against a municipality who gives a cash bond for his personal appearance in court at a designated time and place and who fails to appear at said time and place shall forfeit the cash bond upon the call of the case for trial. It shall not be necessary for the municipality to take any further action to forfeit the cash bond. Forfeiture of a cash bond shall not be a bar to a subsequent prosecution of the accused for the violation.
  4. This Code section shall not apply to municipalities having provisions in their charters with reference to the subject matter of this Code section.

(Ga. L. 1952, p. 182, §§ 1-4, 4A.)

JUDICIAL DECISIONS

Effect of clerical error in docket entry.

- Clerical error in making a docket entry showing that the defendant's cash bond was forfeited did not bar a subsequent prosecution of the defendant for the offense for which the bond was issued. Smith v. State, 174 Ga. App. 647, 331 S.E.2d 14 (1985).

RESEARCH REFERENCES

Am. Jur. 2d.

- 8A Am. Jur. 2d, Bail and Recognizance, §§ 1 et seq., 103 et seq.

C.J.S.

- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 144, 145.

ALR.

- Insanity of principal as relieving bail for his nonappearance, 7 A.L.R. 394.

Right to recover cash bail or securities taken without authority, 44 A.L.R. 1499; 48 A.L.R. 1430.

Failure of judgment or order forfeiting bail, or deposit in lieu thereof, to recite arraignment and plea, 90 A.L.R. 298.

Governor's authority to remit forfeited bail bond, 77 A.L.R.2d 988.

Propriety of applying cash bail to payment of fine, 42 A.L.R.5th 547.

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