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A Criminal Defense Law Firm

Bond Hearing

Getting and posting bond is perhaps the single most important step in the Defense of a criminal case.  Waiting in jail for trial is the same as serving a sentence after being convicted.   Georgia law and the Georgia Constitution favor bond because a defendant is presumed innocent until proven guilty and holding a defendant in custody pending trial is depriving a person of the presumption of innocence.

A delay in getting bond is sometimes unavoidable as many serious offenses require that bond be set by a Superior Court Judge.  Superior-Court-only bonds include most major felonies such as aggravated stalking, armed robbery, drug trafficking, and child molestation.  In these cases, Counsel should quickly file a Motion for Bond with the Superior Court and simultaneously contact the District Attorney’s Office to arrange for a consent bond.  In determining bond, the Court may consider the strength of a defendant’s contacts with the community, risk of flight, and the danger that the defendant poses to the community and potential witnesses.  Even if a bond is initially denied, a bond must be set if the case is not indicted within 90 days of arrest.

A person on Probation or Parole will not get a bond if arrested for a violation of Parole or Probation.  Additionally, a person arrested on criminal charges who is already on probation or parole for an earlier conviction, usually will not be given a bond on the new charges.   In this situation the best course is to resolve the new case and revocation hearings quickly.

Hiring an attorney to obtain a bond reduction is sometimes necessary when a defendant has a set bond, but the amount set is impossible to meet. Nevertheless, before hiring counsel, contact several bonding companies to shop for better rates. Bonding companies will negotiate their rates. It helps to remember that bonding companies are really just like a bank or money lender because they actually post the cash for bond and charge the defendant a fee for the use of their money. The bonding company is always betting that the can deliver the defendant to court. If you can convince a bondsman that you present a low risk, then the fee they charge might also be lower. Also, consider posting a mixed collateral bond (a mix of property and cash). If you own property in any county in Georgia, you may be able to use it to post a portion of the bond amount. Call the Sheriff in the County where the defendant is being held to inquire as to posting a property bond.

Call us to ask about a bond reduction– we’ll tell you what we can realistically do to reduce the bond and exactly what our fee will be for the service.