Defending Clients At Bond Hearings In Cobb County And In The Atlanta-Metropolitan Area
How Does The Bail Process Work?
Bail is the monetary amount a judge assigns that a person can post to be released from custody. When someone is arrested, bail is commonly set for minor offenses. However, for more serious offenses or if a person is presently on probation or parole, a judge may initially deny bail.
The Bond Hearing
Bail operates to ensure a defendant appears for future court appearances. If bail is initially denied, an experienced attorney should ask the court to schedule a hearing to address the issue of setting a bond for that defendant. Courts look at several factors when analyzing whether to grant bail and in what amount. In the 1993 case Ayala v. State, the Georgia Supreme Court concluded that the four factors that a court should look at are whether the defendant:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.
Georgia law has now codified that rule. Georgia Code 17-6-1(e) provides that:
As a court weighs and analyzes these factors, a judge may either grant bail or deny bail depending on the unique circumstances of the case. An experienced attorney can present the best case possible to increase the likelihood that a bail is granted.
What Is The Difference Between A Bail And A Bond?
Bail is the total amount a person may post in order to be released from custody. Often, a person in unable to afford to pay that entire amount. In such a case, that person may go to a bail bondsman. The bondsman will act as a surety to the court for the entire amount and will be responsible for that amount if a defendant fails to appear in court. A defendant pays a fee for this service to the bail bondsman, which is usually between 10-15% of the total bail amount. If a defendant pays the entire bail himself, he can recover that money after his case is completed. If a bail bondsman is used, the money paid to the bondsman is a fee and cannot be recovered by the defendant in most cases. In certain cases, the judge may grant what is called an "unsecured judicial release," meaning that a defendant does not have to post any bail and his signature will serve as the surety that he will appear at all future court appearances.
What If The Judge Denied Bail In My Case? The 90-Day Rule.
Unfortunately, bail is denied in certain cases even after a hearing is held on the issue of bail. If bail is denied, it is important to not lose hope.
In order to further safeguard a defendant's right to due process, Georgia law states that any person who has been arrested and had bail denied shall have the right to have his case presented to a grand jury within 90 days after the date of confinement. In simpler terms, in cases where a person is being held without bail, the prosecutor has 90 days to formally charge that person. If the case is not formally charged, the person being confined has an absolute right to bail as a matter of law. In cases where the death penalty is being sought, the prosecutor may request one 90-day extension. Georgia Code 17-7-50 states:
Any person who is arrested for a crime and who is refused bail shall, within 90 days after the date of confinement, be entitled to have the charge against him or her heard by a grand jury having jurisdiction over the accused person; provided, however, that if the person is arrested for a crime for which the death penalty is being sought, the superior court may, upon motion of the district attorney for an extension and after a hearing and good cause shown, grant one extension to the 90 day period not to exceed 90 additional days; and, provided, further, that if such extension is granted by the court, the person shall not be entitled to have the charge against him or her heard by the grand jury until the expiration of such extended period. In the event no grand jury considers the charges against the accused person within the 90 day period of confinement or within the extended period of confinement where such an extension is granted by the court, the accused shall have bail set upon application to the court.
Bail For Misdemeanor Offenses
With the exception of appeal bonds for certain misdemeanor offenses, a person who got arrested for a misdemeanor offense(s) is legally entitled to bail. Georgia Code 17-6-1(b)(1) states:
...at no time, either before a court of inquiry, when indicted or accused, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. When determining bail for a person charged with a misdemeanor, courts shall not impose excessive bail and shall impose only the conditions reasonably necessary to ensure such person attends court appearances and to protect the safety of any person or the public given the circumstances of the alleged offense and the totality of circumstances.