Bail Forfeiture Before Hearing In Fulton
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The legal implications of bail bond forfeiture can be severe. Beyond the financial loss, the defendant may face additional charges for failing to appear in court, complicating their legal situation.
If you start communication with both your bondsman and the court as soon as possible, your court date will, in most cases, be reset, and the forfeiture of your bond will be recalled. However, if you do not get back in touch with your bondsman or the courts, the warrant for your arrest will remain active.
A bail is forfeited when a defendant fails to appear, without sufficient excuse, for arraignment, trial, judgment, or any occasion prior to the pronouncement of judgment if the defendant's presence in court is legally required, or if the defendant fails to surrender in execution of the judgment after appeal.
The law says the accused shall have bail set upon application to the court. This means even after 90 days, a motion has to be filed requesting that the judge schedule this case on their calendar for a bond hearing.
Official Georgia Code Annotated Section 17-5-50 is titled "Right to Grand Jury Hearing Within 90 Days Where Bail is Refused; Right to Have Bail Set Absent Hearing Within 90 Day Period." The important part of this law says "Any person who is arrested for a crime and who is refused bail shall, within 90 days after the ...
If you or a loved one have been arrested in Georgia, you may have heard about the 90-day bond rule but be confused about what this rule means. O.C.G.A. §17-7-50 says that a person who is arrested must have their case indicted (formally charged) within 90 days or they are legally entitled to a bond.
Defendants with an active criminal justice status are also four times more likely to have bail denied. If you or a loved one are remanded without bond, it means there is no chance for release before a trial date. Instead, you will be required to remain in jail until your hearing.
California Penal Code Section 825 says that a person arrested in California must be brought before a judge within 48 hours to be charged or released. These rules prevent law enforcement from holding suspects indefinitely while providing sufficient time to collect evidence and decide whether to take the case forward.
In certain circumstances, a bond forfeiture can be reversed. However, this is typically only possible if the defendant can provide a valid reason for their failure to comply with the conditions of their release, such as a medical emergency or other extenuating circumstances.
