Proceedings Upon Failure of Person Arrested to Appear; Forfeiture of Bond Not a Bar to Subsequent Prosecution

1. Law
2. Georgia Code
3. Criminal Procedure
4. Bonds and Recognizances
5. General Provisions
6. Proceedings Upon Failure of Person Arrested to Appear; Forfeiture of Bond Not a Bar to Subsequent Prosecution

If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to:

1. Traffic or the operation or licensing of motor vehicles or operators;
2. The width, height, or length of vehicles and loads;
3. Motor common carriers and motor contract carriers;
4. Commercial vehicle or driver safety;
5. Hazardous materials transportation;
6. Motor carrier insurance or registration;
7. Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48;
8. Game and fish;
9. Boating; or
10. Litter control

    gives a cash bond for his or her appearance as provided in Code Section 17-6-5 and fails to appear on the date, time, and place specified in the citation or summons without legal excuse, the court may order said cash bond forfeited without the necessity of complying with the statutory procedure provided for in the forfeiture of statutory bail bonds. A judgment ordering the case disposed of and settled may be entered by the court and the proceeds shall be applied in the same manner as fines. If the court does not enter a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to subsequent prosecution of the person charged with the violation of such laws.

(Ga. L. 1953, Jan.-Feb. Sess., p. 331, § 4; Ga. L. 1962, p. 530, § 2; Ga. L. 1975, p. 845, § 2; Ga. L. 1982, p. 1136, §§ 2, 5; Ga. L. 2011, p. 479, § 3/HB 112.)

Law reviews.

- For comment on Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961), see 14 Mercer L. Rev. 452 (1963).

JUDICIAL DECISIONS

Forfeiture of cash bond not a bar to subsequent prosecution.

- As the forfeiture of a cash bond for any person arrested for violation of the traffic laws of this state does not bar a subsequent prosecution for such violation, such forfeiture does not constitute a prior disposition so as to bar prosecution by reason of double jeopardy. Benton v. State, 150 Ga. App. 647, 258 S.E.2d 298 (1979).

Cited in Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961); Perry v. State, 118 Ga. App. 22, 162 S.E.2d 466 (1968); Parker v. Turk, 169 Ga. App. 188, 311 S.E.2d 844 (1983); Thompson v. State, 237 Ga. App. 466, 517 S.E.2d 339 (1999); Fairbanks v. State, 242 Ga. App. 830, 531 S.E.2d 381 (2000); Brown v. State, 251 Ga. App. 569, 554 S.E.2d 760 (2001).

OPINIONS OF THE ATTORNEY GENERAL

Appearance pursuant to this section is controlled by notice. 1963-65 Op. Att'y Gen. p. 723.

Notice of arraignment.

- In view of this section, a notice of arraignment is necessary only if the court decides to require the defendant to face trial. 1965-66 Op. Att'y Gen. No. 66-216.

Forfeiture of traffic appearance bonds by superior court.

- Superior court can forfeit traffic appearance bonds without district attorney first preparing accusations on such offenses. 1980 Op. Att'y Gen. No. U80-2.

Waiver of jury trial not necessary as prerequisite to forfeiture.

- Probate court has authority to order forfeiture of the defendant's bond and order that the case be disposed of on the case's merits, without first obtaining a written waiver of jury trial from the absent defendant. 1980 Op. Att'y Gen. No. 80-135.

RESEARCH REFERENCES

ALR.

- Governor's authority to remit forfeited bail bond, 77 A.L.R.2d 988.

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