In addition to all other requirements prescribed for appearance bonds or recognizances, the appearance bond or recognizance given by a person accused of the commission of a crime shall be conditioned upon the person presenting himself before the court at the time fixed for his arraignment. Upon failure of a person charged with a penal offense to appear before the court at the time fixed for his arraignment, the prosecuting attorney may proceed to forfeit the bond or recognizance.
(Code 1933, § 27-1402, enacted by Ga. L. 1966, p. 430, § 2; Ga. L. 1977, p. 179, § 1.)
Cross references.- Limitation on power of General Assembly to relieve principals or securities upon forfeited recognizances, Ga. Const. 1983, Art. III, Sec. VI, Para. VI.
Criminal penalty for bail jumping, § 16-10-51.
Physical disability or incarceration of principal as bar to judgment decreeing forfeiture of appearance bond, § 17-6-72.
Arraignment hearings in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rules 10.1 - 10.4.
JUDICIAL DECISIONS
Alteration of the indictment does not bar forfeiture.
- Alteration of the indictment, with the consent and by the express authority of the defendant in the indictment or presentment, will not relieve the defendant's surety of a forfeiture if the surety does not produce the body of the surety's principal as the surety contracted to do. Green v. Russell, 176 Ga. 354, 168 S.E. 65, answer conformed to, 46 Ga. App. 510, 168 S.E. 68 (1933).
Defects in the indictment do not bar forfeiture.
- Surety on a criminal bond cannot, in answer to scire facias brought for the purpose of forfeiting that instrument, prevent forfeiture if the principal in bond is absent merely because of defects in the indictment. Green v. Russell, 176 Ga. 354, 168 S.E. 65, answer conformed to, 46 Ga. App. 510, 168 S.E. 68 (1933).
Bail bond contract which was executed without return date filled in because arraignment date had not been set was not fatally deficient when notice of arraignment was properly distributed. Jam Bonding Co. v. State, 179 Ga. App. 82, 345 S.E.2d 87 (1986).
RESEARCH REFERENCES
Am. Jur. 2d.
- 8A Am. Jur. 2d, Bail and Recognizance, §§ 1 et seq., 88, 99, 171 et seq.
C.J.S.- 8 C.J.S., Bail; Release and Detention Pending Proceedings, § 166.
ALR.
- Induction of principal into military or naval service as exonerating his bail for his nonappearance, 8 A.L.R. 371; 147 A.L.R. 1428; 148 A.L.R. 1400; 150 A.L.R. 1447; 151 A.L.R. 1462; 152 A.L.R. 1459; 153 A.L.R. 1431; 154 A.L.R. 1456; 156 A.L.R. 1457; 157 A.L.R. 1456.
Effect of pleading guilty after statute of limitations has run, 37 A.L.R. 1116.
Necessity of acknowledgement of bail bond in open court, 38 A.L.R. 1108.
Right to recover cash bail or securities taken without authority, 44 A.L.R. 1499; 48 A.L.R. 1430.
Liability of bail as affected by escape of principal during his detention on separate charge, 45 A.L.R. 1037.
Negotiable instruments law as affecting rights as between holder of check or draft and attaching creditor, receiver, assignee for creditors, or administrator of drawer whose rights attached before presentment, 84 A.L.R. 412.
Governor's authority to remit forfeited bail bond, 77 A.L.R.2d 988.
Dismissal or vacation of indictment as terminating liability or obligation of surety or bail bond, 18 A.L.R.3d 1354.
Pretrial preventive detention by state court, 75 A.L.R.3d 956.
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.
Bail: effect on surety's liability under bail bond of principal's subsequent incarceration in other jurisdiction, 33 A.L.R.4th 663.
Bail: effect on surety's liability under bail bond of principal's subsequent incarceration in same jurisdiction, 35 A.L.R.4th 1192.
Forfeiture of bail for breach of conditions of release other than that of appearance, 68 A.L.R.4th 1082.