Bail Defense in North Georgia
Expert representation for bail hearings, bond negotiations, and securing your release from custody. We fight to get you out of jail and back to your life.
Understanding Bail in Georgia
Bail in Georgia is meant to act as an assurance that a suspect of a crime will not flee if released from custody. The Eighth Amendment prohibits bail that is excessive, but excessive is not the same as unaffordable. Typically, the bail amount is high (where it is often unaffordable), so the defendant is tied to the jurisdiction and will appear at trial if they want their bail money back.
At Johnson Law Firm, our criminal defense lawyer in North Georgia will negotiate the bail amount so that even if it is high, it can still be obtained. Having the ability to be out on bail during a pending criminal case can help relieve some of the stress and let you go about your daily life while we work on your behalf to get you the best outcome possible.
Contact us at (706) 230-5944 to schedule a consultation and to find out how we can help your criminal case.
What is Bail?
Understanding the bail system and your options for pretrial release
Bail is a sum of money a defendant pays to be released from custody to remain in the community while their criminal matter is finalized. It is a form of pretrial release designed to ensure the defendant returns to court for their hearings.
Definition
Bail is a sum of money a defendant pays to be released from custody to remain in the community while their criminal matter is finalized. It is a form of pretrial release.
Purpose
Bail acts as a deposit to ensure a defendant attends their court hearings. A defendant posts bail by paying the required amount to the court. The court holds this money until the court hearing.
Consequences
If the defendant fails to attend a court date, they forfeit the money and may be sent back to jail. If a defendant complies with bail, the court returns their money at the conclusion of their case.
Bail Eligibility in Georgia
Understanding who is eligible for bail and the factors that affect eligibility
No eligibility requirements exist as to whom may request bail. Any person who has been charged with a non-capital crime is entitled, in most situations, to bail. Capital crimes are those crimes punishable by death.
Most states that have a bail system have their own laws that may impact eligibility. Most states want to prevent violent offenders from returning to the streets until they are determined not to be a threat to the public and are not a flight risk. So, state and local laws may be more restrictive when the alleged crime is a violent one. For everyone else accused of a crime, bail should be set and granted.
What is the Difference between Bail and a Bond?
Understanding the key differences between posting bail directly and using a bond company
While bail and bond are often used interchangeably, they represent different ways to secure your release from custody. Understanding the difference can help you make the best decision for your situation.
Bail
Bail is the amount the judge sets so that you can be released from custody. You can pay this out of your own financial resources. If you don't have the cash, you can sell your car or other property to get the cash. You could also try to borrow the money from friends or family.
Bond
A bond acts as a guarantee, rather than a deposit. It's a promise made to the court by a third party, usually a bond company, to pay the bail amount on the defendant's behalf if they fail to attend court or breach another condition of their release. In return, the defendant pays the bond company a service fee, usually around 10 to 20% of the bail amount.
Determining the Bail Amount in Georgia
How judges determine bail amounts and what factors influence their decisions
Some jurisdictions have preset, non-negotiable bail schedules for common offenses. This allows defendants to post bail directly from custody, without the need for a court hearing.
Otherwise, bail is decided by a judge or court officer. A bail hearing usually – but not always – occurs within 48 hours of a defendant being charged.
Factors Considered When Deciding Bail:
- The seriousness and circumstances of the allegations
- The defendant's criminal history and risk of reoffending
- The defendant's flight risk, including their ties to the community
Although there are guidelines, a judge can set any amount of bail they see fit, as long as it is not objectively excessive.
Possible Outcomes of a Bail Hearing
Understanding the different outcomes that can result from your bail hearing
At a bail hearing, the judge will consider various factors and make a decision about your release. There are three main possible outcomes that can result from this hearing.
Release on Own Recognizance
The court releases the defendant without bail (on their own recognizance). This is typically granted for minor offenses when the defendant poses no flight risk or danger to the community.
Bail Granted
The court grants bail, setting the amount the defendant is required to pay and other possible conditions. The defendant must comply with these conditions or may be taken back into custody.
Bail Denied
The court denies bail and the defendant remains in custody until their court hearing. When bail is denied, it is almost always because the defendant is a flight risk and/or a danger to the public.
Types of Bail Bonds in Georgia
Understanding the different types of bail bonds available and their requirements
There are several different types of bail bonds available, each with its own requirements and procedures. Understanding these options can help you choose the best approach for your situation.
Cash Bond
The cash bond is the most direct way to post bail. The defendant pays the full bail amount to the court in cash. Cash is most usually in the form of a check, but some courts will allow credit cards.
Federal Bail Bond
Defendants accused of federal crimes (like kidnapping, hate crimes, and white-collar crimes) must pay a federal bail bond in order to be released. Federal bail bonds are typically accompanied by higher fees and require additional collateral.
Immigration Bail Bond
Immigration bail bonds only apply in immigration cases. They work the same way surety bonds do, meaning a company promises to pay if the defendant fails to show up in court. The only real difference is that immigration bail bonds may carry higher bail amounts than surety bail bonds.
Property Bond
A property bond involves property you or your family own. The defendant or family member puts up the property instead of cash to cover the bail. If the defendant fails to appear in court, the property is seized.
Surety Bond
A surety bond refers to third-party bond companies that promise to pay the defendant's bail if they fail to appear in court.
The Role of a Criminal Defense Attorney in North Georgia and Bail
How an experienced attorney can help you secure the best possible outcome at your bail hearing
When it comes to bail, the stakes could not be higher. If you are denied bail, you will remain in custody until your matter is heard. Likewise, if you are granted but cannot post bail, you will remain in custody. An experienced defense attorney can help you thoroughly prepare for your bail hearing to give you the best chance of release.
When bail is set too high, our defense lawyer at Johnson Law Firm may be able to file a motion for reconsideration, arguing the bail amount is excessive and proving why that is.
Further, many criminal defense attorneys deal with bail bond agents on a regular basis. At Johnson Law Firm, we will assist defendants in contacting trustworthy agents and will facilitate communications and transactions between the defendant and the agent. We understand how important it is to obtain release on bail if not on your own recognizance because it allows you to focus better on your defense.
Ready to Fight for Your Freedom on Bail?
Don't let bail issues keep you locked up. Our experienced team is here to provide the aggressive, effective representation you need to secure your release and protect your rights.