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O.C.G.A. § 17-6-13 — First bail for offense permitted as matter of right; subsequent bails to be in discretion of court | Georgia Code

O.C.G.A. § 17-6-13 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 1 GENERAL PROVISIONS

17-6-13. First bail for offense permitted as matter of right; subsequent bails to be in discretion of court.

Except as otherwise provided in this chapter, each person who is entitled to bail under this article shall be permitted one bail for the same offense as a matter of right. Subsequent bails shall be in the discretion of the court.

(Laws 1832, Cobb's 1851 Digest, p. 862; Code 1863, § 4625; Code 1868, § 4649; Code 1873, § 4747; Ga. L. 1878-79, p. 55, § 1; Code 1882, § 4747; Penal Code 1895, § 934; Penal Code 1910, § 959; Code 1933, § 27-903; Ga. L. 1971, p. 408, § 1; Ga. L. 1983, p. 452, § 2.)

History of section.

- Newsome v. Scott, 151 Ga. 639, 107 S.E. 854 (1921).

JUDICIAL DECISIONS

Bail after conviction not covered by former Penal Code 1895, § 934 (see O.C.G.A. § 17-6-15). Vanderford v. Brand, 126 Ga. 67, 54 S.E. 822, 9 Ann. Cas. 617 (1906).

Failure to appear in accordance with terms of bond will not authorize court to punish for contempt. Collins v. State, 32 Ga. App. 450, 123 S.E. 723 (1924).

Cited in Fleming v. Smith, 10 Ga. App. 701, 73 S.E. 1074 (1912); Knowles v. State, 166 Ga. 182, 142 S.E. 676 (1928).

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 21, 27.

ALR.

- Failure to appear, and the like, resulting in forfeiture or conditional forfeiture of bail, as affecting right to second admission to bail in same noncapital criminal case, 29 A.L.R.2d 945.

Court's power and duty, pending determination of habeas corpus proceeding on merits, to admit petition to bail, 56 A.L.R.2d 668.

Pretrial preventive detention by state court, 75 A.L.R.3d 956.

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