Stuck in Jail

  • Attorneys
  • Bail Bonds
Home > How to Post Bail in Georgia: 5 Things to Know

How to Post Bail in Georgia: 5 Things to Know

There is no constitutional right to bail, and Georgia has a law that declares about 20 different crimes that are “bail restricted offenses.” If you are charged with one of those crimes, you cannot be released on your own recognizance, also known as a signature bond. These crimes are among the most serious felonies in the state and include rape, armed robbery, aggravated sexual battery and trafficking cocaine or marijuana. A Superior Court judge – the highest court in the state – must set your bond, or decide there should be no bond in your case. For less serious felonies and misdemeanors, bail will be set. If you need to post bail in Georgia, here are five things you should know.

1.   Four Ways to Get Out of Jail

Cash bond – This is the simplest way and usually the fastest way to get out of jail. If an offender has enough cash to pay the entire amount of the bond, it may be possible to be released from jail in a matter of hours. Many courts in Georgia will accept credit cards, as well as money orders and traveler’s checks. Any adult who is 18 years old or older can post a cash bond on behalf of himself or another person in the state.

Property bond – Under Georgia law, the owner of the property must have equity in the property equal to or greater than twice the amount of the bond. So, if the bond for a burglary is $25,000, it doesn’t matter if the home that is part of a property bond is worth $100,000. What is crucial is the amount owed on that property. If that amount is $50,000 or less, the property bond will be accepted.

Surety bond – An offender can either contact a bail bond agent from jail or call a friend or relative to arrange for bond to be posted, once the amount of the bond has been determined. Whoever posts the bond will also have to pay for administrative and court fees, including a local county fee of $10.

Signature bond – Also known in Georgia as own recognizance, or OR. Under state law, the factors to be considered by judges in deciding whether a defendant can be released on his or her signature includes the nature of the charge, any criminal history and the connection to the county where the arrest occurred. A judge can require an offender released on OR to report to a county-run pre-trial release program to ensure that any conditions of the OR are being met.

2.   How to Get Bail

Courts in Georgia are allowed to create preset bonds. That makes it simpler and faster to post bond and get out of jail after being arrested for mostly misdemeanors. Many courts do so for DUI arrests when there is no accident involved and the driver doesn’t have a long history of previous drunken driving arrests. With a preset bail, it’s possible to post bond – either with cash or with the help of a bail bondsman – without having to wait for a court appearance.

 3.   What Will Bail Cost?

Lawmakers in Georgia have determined that when the bail for a crime is up to $10,000, the cost of the bail is up to 12 percent of that figure. For crimes with bonds in excess of $10,000, bail bond companies can charge a fee of up to 15 percent. That does not stop a bail bond company in Georgia from charging less than either of those amounts, though in practice, it is unusual to see a fee below 10 percent.

 4.   How Long Will I Stay in Jail

An offender must be brought in front of a judge for an initial appearance – known as an arraignment in many other states – within 48 hours if the arrest did not involve a warrant. When a warrant is involved, the offender must see a judge for a first appearance within 72 hours.

In practice, the length of time in jail before being allowed to post bond depends on the crime involved. For more serious penalties, only a Superior Court judge can set bail. An offender’s first appearance before a local judge would then include the time for a hearing in Superior Court. In that situation, an offender could expect to spend at least a day and up to two full days in jail.

However, if the offense is a less serious misdemeanor and the court has a preset bond amount for that crime, the process of posting bail could take only a few hours. For defendants charged with drunken driving, state law allows jailers to detained drivers up to 6 hours to ensure they are sober when released.

 5.   What if I Miss a Court Appearance

A defendant signs an agreement when released on OR, or after posting bail, to show up for all court appearances. Missing a court appearance leads to the immediate revocation of the bail and the court will issue an arrest warrant. A bail revocation also is possible if there were conditions attached to the release – such as staying away from a named individual in a domestic violence case.

The bail bond company will be required to pay the entire amount of the bond to the court, and in turn, will seek to recover that amount from whoever posted the bail. Many Georgia bail bond companies will send out investigators – known as bounty hunters – to find the defendant. In that case, a judge can decide that the bail bond company does not have to repay the full amount of the bond. Under Georgia law, whoever posted the bail must repay the bail bond company for its legitimate expenses in searching for and arresting the defendant.

Related

Stopped for DUI in Georgia: 6 Things to Know

How Does a Bail Bond Company Make Money?

Top 10 Types of Bail Bond Collateral

The information contained above is for informational purposes only. If you need legal advice you should visit an attorney.

 

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Georgia: 5 Things to Know

There is no constitutional right to bail, and Georgia has a law that declares about 20 different crimes that are “bail restricted offenses.” If you are charged with one of those crimes, you cannot...more

Posting Bail in Atlanta: 4 Things to Know

Getting out of jail is easier, faster and cheaper if you have been arrested for a misdemeanor charge. The cost is usually $1,000 or less, and there’s no need to wait for a bond hearing – judges hav...more

Stuck in Jail?

Search Jails for nearby Bail Bondsmen NOW!

  • Copyright ©2023 Thryv, Inc. All rights reserved. · Terms of Use · Privacy Policy · Sitemap