Georgia Motion to Release Defendant and Set Reasonable Bond

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Multi-State
Control #:
US-02735BG
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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 bond 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

What do I need to bond someone out of jail? You will need to pay a small non-refundable fee to the bail bond company, have a third-party indemitor (a cosigner), and possibly some form of collateral.

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.

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.

In Georgia, detained persons are entitled to a bond hearing within 72 hours of the arrest (not including weekends and holidays.) During the bond hearing, the judge decides if the defendant should be detained or released pending trial.

Any person who is arrested for a crime and who is refused bail shall, within 90 days after the date of confinement, be entitled to have the charge against him or her heard by a grand jury having jurisdiction over the accused person; provided, however, that if the person is arrested for a crime for which the death ...

Bail Eligibility in Georgia No eligibility requirements exist as to whom may request bail. Any person who has been charged with a non-capital crime is entitled, in most situations, to bail. Capital crimes are those crimes punishable by death.

To post a property bond you must have your warranty deed, a current tax statement (showing the tax office fair market value and taxes must be current), a current mortgage statement (payments must be current), and all persons must be present whose names appear on the deed. All persons are required to have a picture ID.

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.

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Georgia Motion to Release Defendant and Set Reasonable Bond