When someone is arrested for a criminal offense, there will be a wait of anywhere from a few days to several months before their trial begins. In the meantime, they still enjoy the presumption of innocence and, in most cases, can be released from detention by means of a bail payment or signing a bond with a licensed bonding agent.
The bail system is in place for multiple reasons:
- Detainees released on bail aren’t taking up valuable space in a detention center, nor are they costing taxpayers the amount of money required to keep someone incarcerated.
- Bail allows defendants to return to work and their families while they await trial.
- After their release, defendants are more able to work with their defense attorneys to prepare a defense.
Bail amounts in Georgia are set by a judge, either in a magistrate or Superior Court. For many crimes, these amounts have been pre-set; for others, a bond hearing is held wherein the judge decides on the bail amount.
This month, we’ll take a look at what goes into setting bail for a defendant. We’ll look at the different systems the courts use for various offenses and answer the question – how is bail amount determined in Georgia?
How Is a Bail Amount Determined for Common Offenses?
In most Georgia jurisdictions, the court publishes a list of the most common offenses along with the pre-approved bail amount. This list is known as the bond schedule or bail schedule, and a defendant arrested on an offense included on the bail schedule usually will not have to see a judge before bail is set.
In these cases, there is no delay inherent in securing a release. As soon as the defendant has been processed at the detention facility, they can post cash bail or secure a bond from a bonding agent to be released immediately or within just a few hours of the arrest.
How Is a Bail Amount Determined for Other Offenses?
When someone is arrested on a charge that isn’t included in that jurisdiction’s bail schedule, and the offense is not so severe as to require a bond hearing in Superior Court (below), the defendant will need to appear at a bond hearing in magistrate court. During the bond hearing, the magistrate judge will consider several factors before determining if bail will be granted and what the bail amount will be.
The main determining factors at a bond hearing are the answers to four specific questions:
- Is the defendant likely to flee and fail to return for their trial?
- Is there a likelihood that the defendant will harm someone or commit another serious offense if released?
- Is the defendant likely to engage in witness or juror intimidation or coercion?
- What bail amount is likely to secure the defendant’s appearance at the trial?
In answering these questions, the magistrate will look at things like:
Financial Status
The defendant’s monetary standing speaks directly to their flight risk. A defendant with significant assets has the means to flee the jurisdiction more effectively and is less likely to see the forfeiture of bail as a financial hardship.
Health
Healthy defendants are more likely to flee. A defendant who is managing chronic conditions and needs regular refills of medications, has frequent medical appointments for things like dialysis or chemotherapy, or requires specialty medical equipment is far less likely to flee.
Lifestyle
Bail is typically lower for individuals who have strong ties to the community where they were arrested. Defendants who have homes, families, employment, friends, and other connections with the area are less likely to flee and fail to return for trial.
Criminal History
Individuals who have been arrested for the first time generally see lower bail amounts than those who have a criminal record prior to their arrest. If the defendant’s record shows a history of bail jumping and failing to appear, the bond will be considerably higher or denied altogether.
Setting a Bail Amount
When the court has considered all of the above factors, along with the nature of the alleged crime, they will set a bail amount or deny bail. If a defendant is denied bail, they have the right to have their case heard by a grand jury within 90 days.
If a defendant cannot make their bail amount and can’t secure a bond from a licensed bonding agent, they can be granted a hearing after 90 days. During the hearing, the court will reassess the bail decision and make a new ruling, either leaving the bail amount as-is or reducing the bail amount.
How Is a Bail Amount Determined in Superior Court?
For some of the most serious offenses, a magistrate court is not authorized to set bail. In these cases, the case must be heard in Superior Court, and a judge there will determine if bail is an option and the bail amount. Offenses for which the Superior Court must set bail include, but aren’t limited to:
- Murder
- Rape
- Treason
- Armed Robbery
- Hijacking
- Aggravated Child Molestation
- Aggravated Sexual Battery
Those accused of a crime requiring a Superior Court bond will have to have their attorney file a motion for bond, and the process can take several weeks longer than obtaining a bond in magistrate court. A Superior Court judge will take into consideration the same factors a magistrate judge will consider when determining bail amounts.
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located directly across the street from the Bibb County Jail in downtown Macon. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.