Fw: 2010 Bail Related Case Summary

[Jessica Zak]

 

Jessica Zak
Austin Bail Bonds 512-320-0800 (#168761)
Bulldog Investigations 512-826-1253 (#A14005)
Austin Texas Bail Bonds 512-633-2262 (#234577)

***Conscience is the voice of God in the Nature and Heart of Man***

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From: American Surety Company <mwhi...@asc-usi.com>
To: jessi...@yahoo.com
Sent: Thu, September 16, 2010 6:44:18 AM
Subject: 2010 Bail Related Case Summary

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Jessica, September 16, 2010 Following are the most recent bail related case summaries provided courtesy of Edward Gallagher and The Surety & Fidelity Association of America.  Please remember to always consult an attorney prior to using the information provided in any legal action. In A.A. Professional Bail v. Perdue, 2010 WL 3548460 (Ga.App. September 14, 2010) the court served notice of the bond forfeiture hearing on the surety 21 days after the defendant failed to appear.  O.C.G. §17-6-71(a) required notice within 10 days.  Nevertheless, the trial court found that the State had substantially complied with the notice requirement and the surety had not established prejudice.  The trial court granted the State's motion for bond forfeiture and the surety appealed.  The Court of Appeals held that 2009 amendments to §17-6-71(a) were intended to change existing law and that it was no longer sufficient for the State to show substantial compliance and that the surety need no longer establish prejudice.  The amendments required that the 10 day notice provision "shall be adhered to strictly" and that if the notice is not served as specified the surety "shall be relieved of liability."  The Court reversed the judgment of the trial court. Judicial Monitoring Systems, Inc. A Provider of Omnilink GPS Monitors The Solution to All Your GPS Monitoring Needs 1.678.761.5430  American Surety Company P. O. Box 68932 Indianapolis, IN  46268 1.800.969.1827

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