Define Bail In Law Terms In Georgia

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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

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.

More info

Bail is a sum of money a defendant pays to be released from custody to remain in the community while their criminal matter is finalized. (a) The following offenses are bailable only before a judge of the superior court: (1) Treason;.Bail is the term used to describe the money given as a security deposit to assure that you will appear for all court proceedings. A bond is a financial pledge or promise. Bail is money paid to a court to obtain release following an arrest. It is posted as a guarantee that the accused will appear at subsequent court hearings. Bail is a financial payment that allows you to stay out of jail while you await trial. Bail –A pretrial release from prison for someone facing charges where the accused posts money, or bond, to guarantee they'll appear in court. Making bail provides an opportunity for eligible individuals accused of a crime to remain free from jail while awaiting trial. Property bond: The defendant or a cosigner can put up property (usually real estate) as collateral to secure release.

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Define Bail In Law Terms In Georgia