Atlanta Bond Hearing Lawyer
Those who are arrested in Georgia and taken into custody must typically be brought before a magistrate judge within 72 hours of arrest. This first appearance hearing has an important purpose, which is to discuss the issue of bond. A bond is collateral securing a promise by the accused, that once released, he or she will appear in court at a later date. In most cases, this collateral takes the form of cash, a security deposit, or property. Generally, the amount of bail set in a particular case will depend on the charges in question. If, however, the accused is considered a threat to themselves or the community, is likely to intimidate potential witnesses, or is at risk of fleeing, a judge may deny bond entirely.
Those who are arrested in Georgia are entitled to representation by a lawyer at all essential stages of the criminal justice process, including the initial bond hearing, so if you were recently accused of a crime, you should speak with an experienced Atlanta bond hearing lawyer who can help protect your legal interests.
What are Bond Hearings?
As mentioned previously, bond hearings take place within three days of a person’s arrest and serve a couple of important purposes, including:
- Notifying individuals of the reason for their arrest; and
- Considering bail and determining whether to impose any conditions of release.
When setting bail, judges assess a number of different factors, including the type and severity of the charges, as well as a particular defendant’s flight risk and the strength of his or her ties to the community. Fortunately, even if a judge denies bond at this appearance hearing, a defendant will typically have another chance at the preliminary hearing, held within 15 to 30 days, to revisit the issue of bond.
Types of Bond
There are a number of different types of bond that a judge can grant, including:
- Own Recognizance Bonds, which don’t require that a person put up any collateral to secure a promise to appear in court;
- Signature Bonds, which also don’t necessitate collateral, but do require defendants who fail to show up to court, to pay a court fine;
- Surety Bonds, in which a bonding company posts the bond on a person’s behalf in exchange for a fee of around ten to 15 percent of the bond amount;
- Property Bonds, which require the use of property as collateral to secure a promise to appear in court; and
- Cash Bonds, which allow a person to pay cash directly to the jail (which will be returned once the case is resolved if the person shows up to all court appearances).
Regardless of the type of bond in question, failing to appear at a court hearing will automatically result in the issuance of a bench warrant for a person’s arrest, as well as the forfeiture of the bond. Fortunately, bench warrants can be set aside and bonds can be reinstated in certain cases.
Were You Recently Arrested in Georgia?
After being arrested, it is important to have a thorough understanding of your rights and how to protect them, so if you are under investigation and might be facing arrest, please reach out to the experienced Atlanta bond hearing lawyers at Hawkins Spizman for help. We can be reached at 770-209-2310 or via online message.
