Dunwoody Bond Hearings Lawyer
Getting arrested is a scary and difficult experience, as your rights and freedoms are taken away by the state when criminal charges are brought against you. A bond hearing provides an opportunity for the court to determine whether you should be able to post bond and get out of jail while the charges make their way through the criminal justice system. The outcome of a bond hearing can determine whether you have some of your freedoms returned to you or if you must remain behind bars, which is why having an experienced Dunwoody bond hearings lawyer representing your interests is critical.
The knowledgeable Georgia criminal defense attorneys at Hawkins Spizman in Dunwoody have the experience you need at a bond hearing to secure your freedom ahead of trial. To learn more, call or contact our office today.
What is a Bond?
A bond is collateral given to the court in exchange for the promise that you will appear for your trial after an arrest. Bonds come in many forms, but the most common include cash, property, surety, and recognizance bonds. Cash and property bonds require payment up front or property secured as collateral in exchange for release. Surety bonds involve a bonding company posting the entire amount and charging the defendant a fee of ten to fifteen percent in exchange for their assistance. Recognizance bonds are reserved for the lowest level offenses and defendants with the least likelihood of skipping court, and no payment is required to the court to be released.
If you fail to appear in court after posting bond, the entire amount or property can be forfeited to the court. A bench warrant is issued, and you will be arrested and held in custody until your case is resolved on a plea or a trial.
Factors Considered in a Bond Hearing
Georgia law dictates that a judge consider a number of factors when determining whether to issue a bond in a criminal case, and if so, for how much. The court must consider whether a defendant is a flight risk and whether they have sufficient ties to the community. This may include where the defendant is from, if they have family in the area, whether they are a citizen, and if they have a passport. The next factor considered is whether, based on the nature of the offense alleged, the defendant is considered a risk to the community. The court considers the current charge as well as any prior criminal history. Finally, the court will determine whether the defendant is a risk to harass or intimidate witnesses if issued a bond.
If the court does decide to issue a bond, it may come with additional requirements, such as turning over a passport until the end of the trial or the issuance of a restraining order to stay away from victims or witnesses. Depending on the charge, a bond can require drug and alcohol screens, or a no violent contact condition. An experienced criminal defense attorney can review what to expect at your bond hearing, and can advocate on your behalf to minimize the bond amount and any bond conditions.
Call or Contact Hawkins Spizman
Do you have questions about an upcoming bond hearing for you or a loved one? If so, call or contact Hawkins Spizman in Dunwoody today to schedule a free consultation.