When someone is arrested in the state of Georgia, their bail amount can be determined in one of two ways:
- For more serious or uncommon offenses, the defendant will appear before a magistrate or Superior Court judge within 72 hours of the arrest. At this time, the judge will determine the defendant’s bail amount.
- For more common offenses, the jail may have a set bail schedule, which allows them to set bail for specific crimes without requiring a bond hearing.
In this month’s article, we’ll examine bail schedules, how they work, and what sorts of offenses are typically addressed on a jail’s specific schedule.
Why Do Jails Have Bail Schedules?
Any arrest generates a large amount of work for the law enforcement agency, jail staff, and criminal court involved. Requiring each and every defendant to go through a full bond hearing would dramatically increase the workload on the courts and judges in most jurisdictions.
Many jurisdictions use pre-determined bail amounts for a wide range of specific, commonly occurring offenses to reduce this workload and help ensure that the court’s time is being used responsibly. This allows the jail staff to determine the bail amount for most of the defendants booked into the facility without having to wait for a judge.
This practice also helps reduce crowding in increasingly crowded municipal jails. By allowing defendants charged with lesser crimes to get bailed out sooner, bail schedules help free up valuable space that’s needed to house defendants who cannot be offered pretrial release.
Can I Petition for a Lower Bail Amount?
If a defendant believes that their circumstances warrant a bail amount lower than that listed on the jail’s bail schedule, they have the right to petition for a bond hearing. This bond hearing will take place in front of a magistrate or Superior Court judge and allow the defendant to make their argument in favor of reduced bail.
While this petition can result in a lower bail amount, it is not always successful and will usually mean that the defendant has to wait in jail for up to three days while waiting for the bond hearing to be set.
What Offenses Are Usually Included on a Bail Schedule?
Bail schedules typically include misdemeanors and traffic charges. In larger communities, minor felonies may also be included on a bail schedule.
In Georgia, sixteen offenses will never appear on any jurisdiction’s bail schedule. If a defendant is charged with any of these crimes, they will be required to appear before a Superior Court judge at a bond hearing before a bail amount can be set:
- Treason
- Murder
- Rape
- Aggravated sodomy
- Armed robbery
- Home invasion in the first degree
- Aircraft or motor vehicle hijacking in the first degree
- Aggravated child molestation
- Aggravated sexual battery
- Any offense related to drug manufacture, trafficking, or distribution
- Any charge of kidnapping, arson, aggravated assault, or burglary if the alleged perpetrator has a prior felony conviction
- Arson of a law enforcement vehicle
- Aggravated stalking
- Violating Georgia Code section 16 5-46 (related to human trafficking)
- Violating Georgia Code Title 16, Chapter 15 (related to hate groups)
What Types of Bond Can Be Included on a Bail Schedule?
Generally speaking, Georgia law allows for four types of bonded release for pretrial defendants:
Own Recognizance Bonds
Usually only available to first-time defendants charged with minor offenses, own recognizance bonds don’t require the defendant to put up any money or property to secure their release. Instead, they are required to sign a document officially recognizing that (a) they are being charged under Georgia law and that (b) they must return to court at the specified time to answer the charges against them.
Cash Bonds
Cash bonds require the person posting the bond to pay the jail a specific sum of money, called bail. If the defendant makes all of the necessary court appearances and meets all the other conditions of their pretrial release, the entire bail amount will be refunded to them at the end of their trial, regardless of that trial’s outcome.
Property Bond
In some cases, the jail may be authorized to accept property in lieu of cash bail. If a property bond is offered, the jail or court will secure the debt by holding the deed of the person signing the bond’s home until the case is resolved. If the defendant violates their bond agreement, the property will be forfeited and will not be returned at the conclusion of the proceedings.
Surety Bonds
Surety bonds, secured through a licensed bail bonding company, are the most common means most people use to secure a pretrial release. For a surety bond, the defendant and/or their cosigner agree to pay a fraction of the set bail amount (in Georgia, that fraction is set at 15%) to the bonding agent. The agent then drafts and signs a surety bond, agreeing to pay the bail amount if the defendant fails to meet their conditions of 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.