Use of Bail Bond Posted for Preliminary Hearing for Trial Appearance; Applicability to Federal Proceedings; Proceedings in County Other Than Where Commitment Hearing Held; Effect Where Bail Bond Required Is Less Than Bond Originally Posted

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Bonds and Recognizances
  5. General Provisions
  6. Use of Bail Bond Posted for Preliminary Hearing for Trial Appearance; Applicability to Federal Proceedings; Proceedings in County Other Than Where Commitment Hearing Held; Effect Where Bail Bond Required Is Less Than Bond Originally Posted

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  1. When a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case unless the amount of the bail is set higher by lawful authority, in which case new bail bond shall be posted.
  2. Nothing contained in subsection (a) of this Code section shall apply to any proceedings in which any federal court or United States commissioner is involved. Subsection (a) of this Code section shall apply only to those instances wherein the person required to post a bail bond shall be bound over to a court or grand jury of the same county wherein the committing court exercised its jurisdiction. Subsection (a) of this Code section shall not apply to those instances where a person is bound over to two or more courts or grand juries.
  3. Nothing contained in subsection (a) of this Code section shall be construed to require an additional bail bond in the event the court to which the person has been committed requires a lesser bail bond than the bond originally posted.

(Ga. L. 1971, p. 407, §§ 1, 2.)

Law reviews.

- For note, "Bail in Georgia: Elimination of 'Double Bonding' - A Partially Solved Problem," see 8 Ga. St. B.J. 220 (1971).

JUDICIAL DECISIONS

Habeas corpus relief.

- Although pretrial habeas corpus was a proper remedy after the defendant challenged a failure to set bail, pursuant to O.C.G.A. § 17-6-14(a), the defendant's initial bond sufficed to provide for the defendant's appearance upon the trial of the original charges; however, because the defendant was indicted within 90 days of the defendant's re-arrest on new charges, the defendant was not entitled to habeas corpus relief under O.C.G.A. § 17-7-50. Rainwater v. Langley, 277 Ga. 127, 587 S.E.2d 18 (2003).

Cited in AAA Bonding Co. v. State, 192 Ga. App. 684, 386 S.E.2d 50 (1989).

RESEARCH REFERENCES

Am. Jur. 2d.

- 8A Am. Jur. 2d, Bail and Recognizance, §§ 1 et seq., 9 et seq., 48 et seq.

C.J.S.

- 8 C.J.S., Bail; Release and Detention Pending Proceedings, § 11 et seq.

ALR.

- Dismissal or vacation of indictment as terminating liability or obligation of surety or bail bond, 18 A.L.R.3d 1354.

Bail: duration of surety's liability on pretrial bond, 32 A.L.R.4th 504.

Bail: duration of surety's liability on posttrial bail bond, 32 A.L.R.4th 575.

Bail: effect on liability of bail bond surety of state's delay in obtaining indictment or bringing defendant to trial, 32 A.L.R.4th 600.


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