Georgia Motion to Release Defendant and Set Reasonable Bail

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Multi-State
Control #:
US-02728BG
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Word; 
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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 second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

All defendants have a guaranteed right to bail. A majority of criminal convictions in state courts are the result of plea bargaining. Bail is provided for under the Sixth Amendment. About half of all the adult felony cases brought to prosecutors by the police are dismissed through a nolle prosequi.

Standard conditions which apply to all parolees include following all instructions from the community supervision officer, gainfully working, abiding by all laws, remaining in Georgia, receiving permission to change addresses, paying any court-ordered child support, paying a supervision fee or victim compensation fee ...

States typically have a constitutional provision mirroring the federal Eighth Amendment prohibition on excessive bail. There also are constitutional or statutory provisions that provide the ?right to bail??the right to be released from jail before trial after a defendant agrees to return for court.

- In exercising the court's discretion on a motion to sever, the trial court must consider three factors: (1) whether the number of defendants creates confusion as to the law and evidence to be applied to each; (2) whether a danger exists that evidence admissible against one defendant might be considered against the ...

Your Georgia lawyer must file a motion for bond in Superior Court. Unfortunately, it can then take several weeks to get a hearing before the Superior Court. During this time, the accused will remain in jail until there is a hearing.

Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

?All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excess fines imposed, nor cruel and unusual punishments inflicted.?

The opportunity to post bail is not a guarantee for every defendant. A bail bondsman operates as a private sector business, and not an arm of the government. A signature bond is commonly used in minor traffic offenses. Every jury trial requires at least 12 sworn jurors.

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Georgia Motion to Release Defendant and Set Reasonable Bail