In Georgia, only a Superior Court judge can set a bond for the most serious allegations, such as treason, murder, rape, armed robbery and aggravated child molestation. After an arrest in such cases, defendants’ attorneys file a motion for bond, which could take several weeks to be heard, according to metro Atlanta attorneys.
For less serious offenses, one of four types of bonds may be granted. Most of the 19 co-defendants indicted in the 2020 election conspiracy case were granted consent bonds, negotiated by their attorneys and the Fulton County District Attorney’s Office before surrender.
1. What is bond?
A bond is a way for a defendant to pay to get out of jail while still guaranteeing he or she will return for all court appearances. A bond is not a fine, according to the Paulding County Sheriff’s Office.
2. What types of bonds are available?
There are four types of bonds used in Georgia to release suspects from jail, according to the Lawson & Berry law firm. These bonds include own recognizance, cash bond, property bond and a professional bondsman or bonding company.
3. Own recognizance/signature
This means the defendant agrees to return to court and is released with a signature and no payment. This type of bond is typically only available for minor offenses.
4. Cash bond
This means the defendant pays the entire bond amount. A benefit is that if the defendant appears for all court dates, the full bond amount should be returned.
5. Property bond
Defendants owning property may use that as a bond by showing a warranty deed, a current tax statement and a current mortgage statement. Anyone whose name appears on the warranty deed must also appear in court.
6. Bondsman
For those who can’t afford to pay the full bond amount, a bondsman or bonding company will charge a fee, usually between 12% and 15% of the bond amount. This fee is non-refundable.
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