What factors are used to determine the amount of bail?

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

US Legal Forms
Bail Bond Agreement

Bail Definition Under Law In Georgia

Category:

Criminal - Bail

State:

Multi-State

Control #:

US-00006DR

Format:

Instant download

Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.

When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

A bond cannot be reduced if the prosecutor is not willing and the judge rules in their favor. However, without an attorney now, she can submit a request to the judge. It is called A Motion to Request Reduced Bond. If she is on her own, she can just write it in letter form.

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

Determining the Bail Amount in Georgia A bail hearing usually – but not always – occurs within 48 hours of a defendant being charged. When deciding bail, a judge will consider factors like: The seriousness and circumstances of the allegations. The defendant's criminal history and risk of reoffending.

Obtaining a bail bond begins when a person is arrested and taken to jail. They will then be brought before a judge, who will set a bail amount based on the nature of the crime and the individual's criminal history. The bail amount is designed to act as insurance that ensures the person will return to court for trial.

In Georgia, after an arrest, you are entitled to a bond hearing within 72 hours (not including weekends and holidays). During this hearing, a judge will decide if you should be detained or released pending trial. If you are not charged with a crime within this period, you must be released.

Those conditions normally involve refraining from using or possessing alcohol, firearms, and drugs (unless prescribed by a physician) while out on bond, not violating any other laws while out on bond, and in cases of violence, having no contact with the victim in the case.

“Absent a finding of sufficient excuse to appear, the court shall summarily issue an order for his or her arrest” upon the failure of a person “released on an unsecured judicial release to appear for trial.” OCGA § 17-6-12 (e).

Defendants out on bond are often required to remain within a certain geographic area, usually within the state or county where the case is being prosecuted. Travel outside of this area is typically prohibited unless explicitly permitted by the court.