If I bind my DUI or other traffic case over to a higher court for a jury trial from a municipal court or a probate court in Georgia, will I be required to go to jail again and post a new bond?
O.C.G.A. 40-13-23 titled, “Waiver of jury trial; withdrawal of waiver” provides in pertinent part:
“(a) No court defined in this article [municipal courts and probate courts] shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county having jurisdiction to try the offense, wherein a jury may be impaneled. Where a cash bond, property bond, or driver’s license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction, and the defendant shall not be required to post a new bond by the court assuming jurisdiction.” [Emphasis added]