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It is very important that once someone is arrested in Georgia, they get out of jail as soon as possible by obtaining a bond (also known as bail). There are many different types of bail bonds available in Georgia, but it is basically a payment (or putting real estate up for collateral) to ensure that the person who is arrested shows up at their court dates and appears for their trial. Bail bonds companies may put up the money in exchange for a 10-15% fee. It is important to obtain bond/ bail for two reasons: 1. Jail is not a nice place to be, and 2. a criminal defendant is much more helpful to his or her case by being able to meet with their attorney.
For most misdemeanor charges, a person can post bond fairly quickly due to certain scheduled amounts that courts have set up. If the person has not immediately bonded out of jail, then at a First Appearance Hearing, many minor to moderate charges can then be bonded out, if the person has a good record.
Georgia Bond Hearing Points to Consider:
1. Sometimes the Magistrate Court will require a bond hearing to review the person’s criminal history. The Judge will also want to determine if the accused has ties to the community. As well as the seriousness of the facts of the case.
2. Other charges can only be heard by a Superior Court Judge. Those charges are known as “The Seven Deadly Sins”, even though there are more than seven. Those are rape, murder, armed robbery, etc. Those types of charges can only have bond set by a Superior Court Judge.
3. In a bond hearing the judge looks at many factors, but the main issues are: the likelihood that the defendant will return for trial (connection to the community); and whether the defendant poses a danger to the community or a particular victim.
When evaluating these issues, the judge will want to determine if they are a flight risk by asking: Do they have family here or are they outside of the state? Work history? Are they a danger to the community? Do they have a lengthy criminal history? It is also a good idea to establish a certain level of innocence in the case, in order to convey that the accused is not the horrible person that the prosecutor has made them out to be. Therefore, they are not a danger to the community, nor are they a flight risk.
Breakfield & Associates, Attorneys, are highly skilled in negotiating a fair and reasonable release or bond amount and will help our client show the court that they are taking the matter seriously by appearing with legal counsel. Whether it is before or after a bond hearing, hiring an experienced criminal defense attorney will help defendants with the legal steps necessary to ensure the best possible outcome for their case.
A bail bond is used to obtain the release of a defendant awaiting trial from the custody of law enforcement officials. The defendant, the defendant’s family or friends, or bail bond agent executes a document that promises to forfeit a sum of money determined by the court if the defendant fails to return for the trial date.
At A. Bishop Law, our Georgia Criminal Defense Attorney welcomes questions on Criminal Defense laws, Traffic Laws and Georgia DUI laws. Please Call or Email us with any questions.
About the attorney: Anne Bishop is a Georgia Lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters. The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.