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Call Now: 904-383-7448Other laws to the contrary notwithstanding, when an order is passed as provided for in Code Section 17-6-5 authorizing an officer to accept cash bonds, it shall be the duty of the clerk of the court, if there is one, or, if there is no clerk, the judge passing the order to furnish the officer or officers authorized under the order with a book of blank receipts, consecutively numbered in triplicate and readily distinguishable and identifiable. The receipts shall be completed by the officers when making an arrest and accepting a cash bond so as to show the name of the person arrested, date of arrest, nature of the offense, amount of the cash bond given, and the name of the arresting officer. The arresting officer or the person receiving the cash bond shall deliver a copy of the receipt to the person arrested at the time the cash bond is given and shall file the original receipt together with the cash bond with the clerk, or judge, as the case may be, of the court having jurisdiction of the offense not later than the next succeeding business day of such clerk or judge following the date of issuance of the receipt. The remaining copy of the receipt shall be mailed to the commissioner of public safety.
(Ga. L. 1953, Jan.-Feb. Sess., p. 331, § 2; Ga. L. 1978, p. 1493, § 1.)
- For comment on Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961), see 14 Mercer L. Rev. 452 (1963).
- Trial court's discretion under O.C.G.A. § 17-6-6 is not unlimited, particularly when its exercise affronts the goals of deterring the state from violating the state's discovery obligations and correcting the prejudice to the defendants caused by such violations. Marshall v. State, 230 Ga. App. 116, 495 S.E.2d 585 (1998).
- Although O.C.G.A. § 17-6-6 provides remedies for failure to comply with any of the discovery provisions, since the defendant did not raise the state's noncompliance at trial, the defendant did not give the trial court the opportunity to exercise the court's discretion in formulating an appropriate remedy and could not complain for the first time on appeal. Cox v. State, 242 Ga. App. 334, 528 S.E.2d 871 (2000).
Cited in Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961).
- 8A Am. Jur. 2d, Bail and Recognizance, § 1 et seq.
- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 144, 145.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2010-04-09
Citation: 698 S.E.2d 301, 287 Ga. 338, 2010 Fulton County D. Rep. 2748, 2010 Ga. LEXIS 317
Snippet: the alibi evidence was not admissible. See OCGA § 17-6-6. Manley and Allen now contend that their counsel