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Georgia Bail Bonds

  • Fulton County Jail 901 Rice Street, Atlanta Georgia

  • DeKalb County Jail 4425 Memorial Drive, Decatur Georgia

  • Cobb County Jail 1825 County Services Parkway, Marietta Georgia

  • Gwinnett County Jail 2900 University Parkway, Lawrenceville Georgia

Pre-Set Bonds and First Appearance

After you’ve been arrested, the goal is to get released, as quickly as possible. Some offenses have bond amounts already attached to the warrants. So when you turn yourself in, or are picked up on those arrest warrants, you can begin the bonding process immediately. If your arrest warrant does not have a pre-set bond attached to it, your first opportunity to get bond set will be at first appearance.

First appearance is the first time you go in front of a Judge after arrest in Georgia. This usually happens within 24 hours of arrest, but under Georgia law you have to be brought in front of a Judge within 72 hours of arrest for first appearance. At first appearance a Magistrate Judge will read you the charges you are currently being held on, and depending on the nature of the charges, set a bond amount. Magistrate Judges must set bond on misdemeanor charges in Georgia. Bond is not guaranteed on felony charges, and there are some bonds that only a Superior Court Judge can set (Murder, Rape, Armed Robbery, Aggravated Sexual Battery, Aggravated Child Molestation, Aggravated Sodomy, Home Invasion in the First Degree, Car Hijacking in the First Degree, Drug Trafficking, and the rarely charged Treason and Airport Hijacking. O.C.G.A. 17-6-1.

Other charges like kidnapping, aggravated assault, and burglary where bond would normally be allowed to be set by a magistrate judge, is not allowed if the person has ever been convicted of any of these offenses or any superior court only offenses, or is currently out on bond, probation, or parole for any of the above offenses.

First appearance is not a time to argue the facts of a case. Some Judges may allow you to argue for bond at first appearance, however, not all Magistrate Courts have prosecutors present and the Judge may not allow you or an attorney to argue for bond during the first appearance proceeding. If bond is not granted at first appearance, it is time to make a motion for Bond and reach out to the prosecutor handling the case to discuss a consent bond.

Consent Bonds and Bond Hearings

If a bond isn’t set at first appearance, the next step is to file a motion for bond in the Georgia magistrate court or the superior court of the county in which the charges were taken (Fulton, DeKalb, Cobb, Clayton, Gwinnett, Cherokee, Forsyth, etc). It may take some time for a date to be set to hear bond after the motion is filed. Having representation at this point in the process will allow your attorney to reach out to the District Attorney’s office to discuss a consent bond on your case. A consent bond is an agreement on bond amount and conditions between a Defendant and the District Attorney’s office. A Judge will then review the consent agreement and if they sign it, bond will be set prior to a bond hearing. Consent bonds aren’t possible in every case, but it is always good to try and reach out about reaching a consent bond while a bond hearing date is pending.

If a consent bond isn’t reached, the next opportunity to get bond set is at the bond hearing. The bond hearing is a hearing in front of a Judge. At that hearing there are four factors set forth by the Georgia Supreme Court in Ayala v. State, 262 GA 704 (1993) to determine whether someone in custody should be released on bond. Those four factors are:

  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.

It is the accused’s responsibility to “come forward with evidence to show that he or she poses no significant risk of fleeing, threatening the community, committing another crime, or intimidating a witness. This burden of production means that a person charged with murder must present evidence at the bond hearing on factors that indicate roots in the community. These factors include the defendant's length and character of residence in the community, employment status and history, past history of responding to legal process, and prior criminal record.” Id. at 705. Once the accused has met their burden of production the State may be allowed to present evidence as to why the accused should be denied bail. The State must prove by a preponderance of the evidence that the trial court should deny bail to prevent the accused from fleeing the jurisdiction, or for protection of the community.

Once the Judge hears evidence from both sides, they will make a determination on bond. If bond is set, it could be set with conditions that the Defendant has to follow in order to remain released on bond while trial is pending.

If bond is denied and it is a case that does not involve the death penalty, the State must present the case to the Grandy Jury within 90 days of the date of incarceration. If that 90 day deadline is not met, a new bond motion must be filed, and the accused in custody shall be entitled to bond. O.C.G.A. 17-7-50.

The Bond Order and Bond Conditions

The bond order will set a total dollar amount that must be posted to secure release. Normally, bond can be posted in Georgia with either cash, property, or surety. Every bond amount will include additional fees made payable to the county, the sheriff’s office, and the jail. Those fees are usually around 10% of the total bond amount. A cash bond means just what it says, the whole amount of the bond plus fees must be paid in cash. At the end of the case, that cash bond amount will be returned to the person who posted bond.

A property bond can be used when a person owns property in the county in which a person is being held. The property owner usually has to have twice the bond amount in equity on the property. Proof of ownership must be provided through a warranty deed along with a current tax statement showing the fair market value of the property. If there is a lien on the property a current mortgage statement must also be provided.

Finally, a surety bond requires the help of a licensed bail bonding agent in the county for which the person is incarcerated. Friends and family of the accused can hire a bonding agent to post bond on that person’s behalf in exchange for an agreed upon fee. That fee is non-refundable in most cases and will not be returned at the end of the case. If a person fails to show up for court that cash, property, or surety bond can be forfeited, losing the payment made. This is why bail bondsmen often have recovery agents to find people who have missed court. They want to protect the payment they have made to the county, and prevent it from being forfeited, and that money lost.

Some Georgia bonds will have conditions attached to them. Those conditions can include no contact or no violent with persons, and staying away from specific addresses, staying away from firearms, drugs, and alcohol. You might be released to pre-trial services, which involves regular reporting much like probation. You can be required to wear an ankle monitor, forced to stay at home except for work, school, court, religious services, or medical appointments, and even have a daily curfew. These conditions of bond must be followed, as failure to follow these and other potential conditions can result in your bond being revoked.

Bond Revocation and Release of Bond

If the prosecutor’s office believes you have violated your bond conditions, they can file a motion to revoke your bond. A revocation of bond means the person who posted the bond will be released off the bond, and you will be taken back into custody until your case is resolved. Bond revocation occurs after a hearing, where the State of Georgia will prevent evidence of failing to abide by the conditions of your bond, and you can present your own evidence regarding the allegations. Ultimately the Judge can decide to keep you out on bond, change the terms and conditions of your bond, or revoke your bond and place you into custody. Your bond cannot be revoked without a hearing.

When your case is closed, your bond will be released to the person who posted it. If that is a bonding company, they will take the necessary steps of securing the release of bond. However, if you posted a cash or property bond, you need to check with the Sheriff’s office in the county where the bond was posted so you can take the necessary steps of getting the cash returned, or having any liens or encumbrances taken off the property. The county will not usually do this on their own, so you need to reach out to them when your case is finalized. You do not need to wait til any sentence is over before bond is released. As soon as there is a verdict or a plea is entered and your case is closed, you are no longer on bond, and you can request a return.