Do You Have to Pay If Your Bail Is Revoked in Georgia?
When a person is arrested and charged with a crime, they will first appear before a judge at a bond hearing. The purpose of this hearing is to determine whether or not the defendant may be released pending trial, and if so, under what conditions. In many cases, the court will not require any cash or other collateral and simply release the defendant on their own promise to appear.
In other cases, however, the court may require a secure or unsecured bond. A secured bond means the defendant pays a specified amount of cash bail or puts up some form of collateral, such as their house or car. An unsecured bond is basically a contract between the defendant and the court. The defendant does not have to pay any cash up front to secure their release, but if they violate any of the terms of their bond they will have to pay (or “forfeit”) a specified bond.
Georgia Defendant Jailed, But Does Not Have to Pay $15,000 Bond
If a defendant violates any of the terms of their pretrial release, the court can–and generally will–revoke bond and declare any bond forfeit. In the case of a secured bond, this means forfeiting the cash or collateral previously posted. For an unsecured bond, forfeiture means the defendant must pay the previously agreed upon amount of cash to the court.
That said, many courts have the discretion to waive forfeiture. For example, in a recent decision from a federal court in Savannah, United States v. Welcome, a magistrate recommended not requiring a defendant to pay a $15,000 forfeiture following the revocation of his bond.
The federal government charged the defendant in this case with possession of a firearm by a prohibited person. The defendant entered a guilty plea. He remained out on a $15,000 unsecured bond, however, pending his sentencing.
As is common with bail, the court required the defendant to obey certain conditions, including refraining from the use of any controlled substance without a doctor’s prescription and not violating any other federal, state, or local laws. Unfortunately, federal probation officials alleged the defendant violated both of these conditions. Prosecutors asked the court to revoke bond, jail the defendant pending sentencing, and order him to pay the $15,000 unsecured bond.
The defendant did not oppose the demand that he go to jail for violating the conditions of his release. But he asked the court to “exonerate” or extinguish the $15,000 bond because he lacked the ability to pay. The magistrate agreed with the defendant and advised the district judge accordingly, as “it appears that justice does not require bail forfeiture.” Essentially, federal courts have “virtually unbridled discretion” in deciding whether to forgo the forfeiture of bail, and the court exercised that discretion accordingly in this case.
Contact Hawkins Spizman Trial Lawyers Today
A successful bond hearing is often the difference between remaining free while you defend yourself against serious criminal charges and spending months–or even years–in jail awaiting your day in court. A qualified Atlanta bond hearing lawyer can help ensure the courts treat you fairly in this area. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
scholar.google.com/scholar_case?case=9524539022918372120
