When charged with a crime, after being arrested the alleged will be brought before a magistrate court judge. This will usually be within 72 hours following the arrest.
The court reviews several factors when determining whether the alleged qualifies for bond and when determining what the cost of the bond will be. These factors include but are not limited to:
- Based on available facts, does the person poses a flight risk?
- Based on available facts, does the person pose a threat to the community?
- Based on available facts, will the person commit other crimes during the time they are released on bond?
- Based on available facts, will the person intimidate witnesses during the time they are released on bond?
Most charges in Georgia are bondable without going before a Superior Court judge, however, several charges are not. Some of the charges that require going before a Superior Court judge are: aggravated sexual batteryy, treason, rape, hijacking, certain drug offenses, armed robbery, aggravated child molestation, and murder.
Following an arrest, the alleged is required to pay bond or bail as a method to guarantee that the alleged will appear for initial court hearings or court proceedings following their release. In most instances, the alleged can be released if bond is posted by a bail bondsman, if the alleged promises to pay, or if the alleged pays the entire required amount.
In numerous circumstances, the amount requested for bail or bond can be negotiated. These negotiations can be conducted by the prosecutor or law enforcement. These negotiations are usually conducted in efforts to reach a lower, more reasonable amount than was initially granted. In other circumstances, an experienced criminal defense attorney like the Atlanta criminal defense attorneys at Zeribe Law Offices, can put forth efforts to convince the court to set a bond in instances where the judge has refused to set bond or has shown some hesitation over granting bond. Conditions can be attached to granting bond such as requiring that the individual released on bond stay away from certain places and individuals.
Most charges do not require that you make a court appearance. If charged with a misdemeanor, bail cannot be refused.
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