CRIMINAL DEFENSE
Criminal Defense Bail Bonds
When you are arrested for a criminal offense in Georgia, you may have the opportunity to be immediately released by paying a bond while you wait for your case to be called for trial. Bond is money that can be paid to the Court as a guarantee that you will return to Court at a later date. Under Georgia law, the bond must be made available for misdemeanors. Therefore, at the jail, there are often preset bond amounts for common misdemeanor offenses such as DUI, Possession of Marijuana, Shoplifting, and Driving without a License. These amounts can be paid immediately without having to see a judge. However, for certain misdemeanor offenses and felony offenses, you must appear before a Magistrate to have a bond set in your case.
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Types of Bonds
There are 3 types of bonds:
- Cash Bonds
- Surety Bonds
- Property
A cash bond is money paid directly to the jail to be released. You will receive this money back when your case is over. If you fail to appear in Court when you are required to appear, then you may forfeit this money to the government. Surety bonds are very similar except that the money is paid by another person on your behalf. That person is on the hook to ensure that you appear in Court or they will lose their money. Bail bondsmen offer a service to pay surety bonds on behalf on their clients in exchange for a fee. This fee is usually about 10-20% of the overall bond amount. You will not receive this fee back when your case is over. Finally, a property bond is where title to real property is held as collateral to ensure an appearance in Court. The person paying a property bond must present a valid title and any mortgage documents to the jail.
Criminal Bonds and Non-Citizens
Non-citizens who are booked into county jail in Georgia may have an Immigration and Customs Enforcement (ICE) detainer placed against them. These are also referred to as “ICE Holds.” They mean that after your criminal case is closed, you will be transferred from jail to an immigration detention facility to begin deportation proceedings. If you post a cash, surety, or property bond for a person with an ICE hold, that person will not be released from jail. Instead, they will be transferred to an immigration detention facility with their criminal charges still pending. This may severely impact their immigration case. Please consult with Potra Law Firm before posting a bond for any loved one with an ICE hold!
Do you get your bail money back if found guilty?
That depends on the type of bond you pay. Cash bonds are monies paid directly by the inmate or their family or friends. This money is generally returned once the criminal case is closed minus some administrative fees. Bail bonds are money paid by a bail bond company on behalf of an inmate in exchange for an upfront fee paid to the bail bond company, usually 10% to 20% of the overall bond amount. This fee is not typically returned at the end of the criminal case.
Do you have to pay bail bond after you are sentenced?
No, cash bonds or bail bonds are only available for pre-trial detention. After conviction and sentence, a person must serve their sentence with no option to bond out.
Can you bail someone out of jail if they have a warrant or hold?
When a person is arrested in connection with a criminal case, they are held in jail while their case is pending. A cash bond or bail bond allows a person to be released while the case is still pending. Sometimes, if an inmate has a pending criminal arrest warrant or bench warrant in another county or immigration hold, then the inmate will not be released immediately. They will instead be sent to the other jurisdiction’s custody to resolve their other criminal case.
What happens if you bail someone out of jail and they don’t go to court?
If a person is bonded out of jail and then later misses their court date, the court will typically issue a bench warrant for that person’s arrest and will require forfeiture of their bond. What this means is that court will seize the money that was posted, and the money may not be available for release. You should consult with an attorney about your options.
What happens if you bail someone out of jail and they run?
If a person is bonded out of jail and then later misses their court date, the court will typically issue a bench warrant for that person’s arrest and will require forfeiture of their bond. What this means is that the court will seize the money that was posted, and the money may not be available for release. You should consult with an attorney about your options.
Frequently Asked Questions
How much is bail for a felony
Magistrate judges have wide latitude to set bond amounts based on factors such as the seriousness of the criminal charge, whether the person has a job, whether the person has family in the area, or whether the person has a history of missing court dates in their past. Bonds can range from OR bonds (allowing immediate release with no bond amount posted) to over a million dollars.
Do I need a bail bondsman to post bail?
Multiple forms of bond exist. Cash bonds are posted by the inmate, family members, or friends directly. Bail bonds are posted by a bail bondsman on behalf of an inmate in exchange for an upfront fee. Property bonds are a special form of bond where the Court places a lien on a piece of property. The property is seized if the inmate fails to appear in court later. A bail bondsman is only needed to post a bail bond.
Do you have to pay a bail bondsman if charges are dropped?
Yes, bail bondsmen typically require an upfront fee (typically 10 – 20% of the total bond amount) to post a bail bond.
Can you go to jail for not paying bail bonds?
After an arrest, an inmate will remain in custody until a bond of some type is posted to allow their release.
Can I get a bail bond with no money?
A bail bondsman will typically require an upfront fee to post a bail bond.
Why do you only have to pay 10 percent of bail?
When a bail bondsman posts a bond on behalf of a person, they typically require an upfront fee to be paid which is usually around 10% to 20% of the overall bond. This is less than the total amount required by posting a cash bond but the downside is that you will not get this fee back at the conclusion of your case.
Let one of our Atlanta criminal defense attorneys evaluate your case today.
If you or someone you know is arrested and in need of a bail bond, we can help answer any questions you may have. If you are required to appear in court, think about having an attorney from Potra Law Firm on your side. Potra Law Firm’s experienced and compassionate criminal defense attorneys can help you.
