Bail In Criminal Cases In Georgia

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Multi-State
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US-00006DR
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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

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.

In some cases, the defendant may be considered a threat to public safety and denied bail. This is usually seen in cases where the defendant is accused of a hate crime, terrorism, or stalking, or if the defendant has a history of making threats or violence against others.

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.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

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.

Understanding the Bail Bond Process in Georgia The bail bond process begins with an arrest, followed by a bail hearing where a judge determines the bail amount based on various factors, such as the severity of the offense, the defendant's criminal history, and the perceived flight risk.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

The law will restrict charitable bail funds, and even individuals, from helping more than three people in need of bail assistance per year and subject them to criminal charges if they don't comply.

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Bail In Criminal Cases In Georgia