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2018 Georgia Code 17-6-18 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-6-18 Case Law from Google Scholar Amendments to OCGA 17-6-18

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 1 GENERAL PROVISIONS

17-6-18. Amendment of bonds and giving of new security.

All bonds taken under requisition of law in the course of a judicial proceeding may be amended and new security given if necessary.

(Orig. Code 1863, § 3434; Code 1868, § 3454; Code 1873, § 3505; Code 1882, § 3505; Civil Code 1895, § 5123; Civil Code 1910, § 5707; Code 1933, § 81-1204.)

Cross references.

- Corresponding provision relating to civil procedure, § 9-10-131.

Amendment of bail in magistrate court proceedings, Uniform Rules for the Magistrate Courts, Rule 23.4.

OPINIONS OF THE ATTORNEY GENERAL

Authority to set and amend bonds.

- Once the clerk of the superior court properly files an indictment or once a valid accusation is entered, the superior court has exclusive jurisdiction over the case, including all bond issues, unless the court invokes the court's authority to delegate jurisdiction to the magistrate court under O.C.G.A. § 15-1-9.1(e) or O.C.G.A. § 17-16-1(h). 1997 Op. Att'y Gen. No. 97-19.

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Bonds, § 1 et seq.

C.J.S.

- 11 C.J.S., Bonds, § 1.

Cases Citing O.C.G.A. § 17-6-18

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Phillips v. Jackson, Judge, 877 S.E.2d 185 (Ga. 2022).

Cited 2 times | Published | Supreme Court of Georgia | Aug 9, 2022 | 314 Ga. 347

...Phillips’s case was bound over to state court on August 3, 2021, and he could have sought relief there. “All bonds taken under requisition of law in the course of a judicial proceeding may be amended and new security given if necessary.” OCGA § 17-6-18....
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Gay v. Jackson, Judge, 883 S.E.2d 349 (Ga. 2023).

Published | Supreme Court of Georgia | Jan 18, 2023 | 315 Ga. 464

...OCGA § 9-14-1 (a). See id. at 349. We affirmed the habeas court’s dismissal, reasoning that the petitioner could have asked the state court to remove any conditions on the petitioner’s “bond” other than his appearance in court, see id. (citing OCGA § 17-6-18), and if the state court declined to do so, the petitioner could have sought an interlocutory appeal, see id....
...record before us, his 2 The record shows that Gay filed his habeas petition before his case was officially bound over to state court. But either the municipal court or the state court had the authority to modify Gay’s “bond.” See OCGA § 17-6-18 (describing availability of bond modification); Georgia Municipal Court Rule 5 case remains pending in state court, and these remedies remain available to Gay....
...Johns, for appellant. Hermise Pierre, Michael C. Wynter, Gary E. Jackson, Raines F. Carter, for appellee. 18.4 (“The municipal court has the authority to amend any bail previously authorized by the municipal court under the provisions of OCGA § 17-6-18.”). So there is no question that the “ordinary established procedure” for seeking relief from his bond was available to Gay....