Bail allows individuals who have been accused of criminal wrongdoing to be released from the custody of the state while they are awaiting trial. Bail is a financial arrangement that aims to ensure that a defendant will return to court for future hearings or trial after they’ve been released. If a defendant subject to bail arrangements fails to appear in court as required, their bail may be forfeited, and they may face further legal consequences as a result of that failure to appear.
In Georgia, once an individual is arrested, they are typically brought before a magistrate for a bail hearing within 48-72 hours, depending on the charge. At a bail hearing, the judge assigned to the case will determine whether bail is appropriate and, if so, set the amount at issue.
Types of bail in Georgia
There are several types of bail that may be granted in Georgia, including:
- Cash Bail: The defendant pays the full amount owed in cash to secure release. As of 2024, those convicted of 30 new crimes are required to provide cash bail.
- Surety Bond: A bail bondsman posts bail on the defendant’s behalf for a fee, typically 10% of the total bail amount. In the event of a failure to appear, the bondsman is responsible for paying the full amount of bail money owed.
- Property Bond: The defendant or their family pledges real estate as collateral for bail. That property may be seized if the defendant fails to appear as ordered.
In Georgia, judges may take a number of concerns under advisement when setting the amount of bail for a particular defendant. For example, the severity of the alleged offense, the criminal history of the defendant and whether the defendant is considered a flight risk are all concerns that commonly influence this calculus.
