Define Bail In Law Terms In Georgia
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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.
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.
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.
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.
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.
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.
