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Vargas v. State

Illegal alien's deportation to Mexico with an inability to return to the United States did not make her detained for purposes of O.C.G.A. § 17-6-72 b's exception to appearance bond forfeiture.

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This is an appeal from a judgment absolute entered for the forfeiture of a $5,000 criminal appearance cash bond. The procedural history is as follows:

In October of 1991, defendant Perta Lopez Vargas, a native of Mexico who was in the United States illegally, was arrested in Cobb County on charges involving, inter alia, the forgery of documents from the United States Immigration and Naturalization Service “INS”. She was given a $250 cash bond on October 8, 1991. Thereafter, in July of 1992, a four-count forgery indictment was returned against Vargas in Cobb Superior Court. Arraignment was scheduled for August 8, 1992. Vargas failed to appear, and a bench warrant was issued. A show-cause hearing for the forfeiture of Vargas’ bond was set for December 22, 1992. Vargas did not appear at the hearing, and a judgment was entered forfeiting the $250 cash bond. That same day, December 22, 1992, Vargas’ case was placed on the dead docket until such time as Vargas was arrested on the bench warrant.

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