Securing bail in Georgia requires meeting specific conditions. First, you must be eligible for bail based on the severity of your offense and criminal history. Next, you need a licensed bonding agent and must pay a non-negotiable 15% bonding fee. A cosigner is also required to guarantee your court appearances. Finally, you must abide by all bond conditions, including court dates and any restrictions set by the court, or the bonding agency. Understanding these requirements can help you navigate the process efficiently.
When you’ve been accused of a crime and arrested, you want to secure the fastest possible release from jail so that you can:
- Continue working and providing for your family
- Work with your legal counsel to prepare your defense
- Be a productive member of society in the time between your arrest and your trial
Many defendants turn to licensed bonding agents – commonly called bail bondsmen – to help them secure their release from jail. But what is required of someone who wants to have a bond written for their release?
This month, your Macon, Georgia, bail bondsman is sharing five requirements that defendants must meet in order to get a surety bond from a licensed bonding agent.
Bond Requirement #1: You Must Be Eligible for Bail
Regardless of any other consideration, if you’re not eligible for bail, a bondsman is not going to be able to help. Who’s eligible for bail?
That’s a complicated question, and the answer depends on a few factors, such as the severity of the crime you’ve been accused of and your past history with law enforcement and the justice system.
Severity of the Offense
Most offenders in Georgia are eligible for bail. For minor offenses, bail may be set at the jail according to a posted bail schedule. For more serious crimes, a judge in either Magistrate or Superior Court will hold a bond hearing within 48 hours of your arrest.
Typically, the court will set your bail higher the more severe your alleged offense is. For the most serious crimes – things like felony murder, kidnapping, and rape – particularly violent offenders may be denied bail at all. Those who are granted bail will be expected to post tens or hundreds of thousands of dollars before securing a pretrial release.
Your Criminal History
If this is your first arrest, you will almost certainly be granted bail for all but the most heinous offenses. If you’re a repeat offender, however, your criminal record may play into determining if you’re eligible for bail and how much your bail will be.
If you have a history of jumping bail or failing to make court appearances, the court will generally set bail at a very high amount if bail is granted at all. If you’re a habitual bail jumper, you will probably not be eligible for bail at all and will remain in custody until your trial is concluded or your case is concluded some other way.
Bond Requirement #2: You Must Find a Licensed Bonding Company
To secure a bond, you must find a bonding company who is licensed to work with the jail where you’re being held. In larger cities, that may mean choosing from several bonding companies that can assist you. In other communities (including here in Macon-Bibb County), there are only two licensed bonding companies who can write bonds for inmates in detention.
Regardless of your selection, you or a loved one will need to reach out to identify a bonding agent who is willing to write a bond to secure your release. Again, your history will come into play. If you have jumped bail in the past – especially if you’ve done it multiple times – you may be hard-pressed to find an bonding company that will write a bond for you.
Bond Requirement #3: You Must Pay a Bonding Fee
In Georgia, the bonding fees are set by law to be 15% of the set bail amount. So, if you’ve been arrested and bail is set at $10,000, your bonding fee will be $1,500.
Again, this amount is set by law and is entirely non-negotiable. Depending on the agency, there may be other service fees, but your bonding fee will always be 15% of the set bail amount.
Bond Requirement #4: You Must Have a Cosigner
Bonding companies will not issue a bond on the inmate’s signature. Before a bond is written, you will need to identify an indemnitor or cosigner for your bond. This individual may be a family member, friend, or other individual.
If you jump bail, your indemnitor will be responsible for paying the full amount to the bonding agency, allowing them to recover the money they lost when you didn’t make your court appearance.
Bond Requirement #5: You Must Abide by the Terms of Your Bond
The #1 condition of a surety bond is simple: you must appear in court for every appearance, every time. If you miss one appearance, your bond will be forfeited, your indemnitor will be charged the full amount of your bail, and law enforcement and possibly bail recovery agents (bounty hunters) will start looking for you.
Your specific bond may have other conditions attached to it. The court and your bonding agent can set conditions for your pretrial release. As mentioned above, those conditions might include:
- Staying with a family member who can keep an eye on you
- Attending drug or alcohol therapy or seeing a behavioral therapist
- Avoiding contact with certain people who are known criminal influences
- Staying away from your alleged victims and avoiding locations where they are commonly found
- Other conditions as appropriate to your alleged offense
If you can meet requirements one through four, you will probably be able to secure a bond from a licensed bonding agent. Meeting the fifth requirement won’t help you secure this bond, but if you ever find yourself on the wrong side of the law again, your compliance with the process will help you secure more favorable conditions for your pretrial release.
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located in downtown Macon, directly across the street from the Bibb County Jail. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.
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