Bail Versus Bond Formation In Georgia
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The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).
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.
In some jurisdictions, the court may also allow you to post a property bond, which will use property that you own as collateral for your conditional release. Unfortunately, though, if your bail amount is high, you may not have the resources to post bail with the court on your own.
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.
The court will schedule a hearing after a defendant files a motion for a bond reduction. Depending on the court's schedule, it may take several days to a couple of weeks to schedule a hearing to rule on the defendant's bond reduction motion.
If you are facing criminal charges and have an upcoming bond hearing, you need to hire an attorney as soon as possible. Having an experienced lawyer by your side can be the difference between remaining in jail until your trial or being released and being reunited with your friends and family.
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 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.
