But Can I Get a Bond?

Let's say that you or a loved one was arrested in Georgia. Once he (or she) is processed and booked into the jail, they will be brought before a magistrate court judge for what's known as "First Appearance." At First Appearance, the judge will read out the charges against you and the arresting officer will read out the warrants he swore out for your arrest. You can't get the case dismissed at First Appearance. However, the magistrate will set a bond.

In Georgia, there are certain types of cases that a magistrate court judge is not authorized to set a bond on. Those cases are serious felonies (murder, rape,armed robbery, drug trafficking, and aggravated stalking to name a few) and bond can only be set by a Superior Court judge. In that scenario, you need to hire an Atlanta criminal defense lawyer so he can file a motion to set bond. That motion will allow you to get to court and ask the judge to set a reasonable bond.

Georgia judges are supposed to look at four factors (commonly known as Ayala factors, after the seminal case Ayala v. State) when setting a bond. They are that the person charged:
     1)  Is not a flight risk;
     2)  Does not pose a serious threat to the community;
     3)  Is not a risk to commit a felony while out on bond; and,
     4)  Is not a risk to intimidate witnesses

That's it. That's all the judge is supposed to consider. The circumstances and facts of the current arrest are irrelevant as far as the setting of a bond is concerned. The purpose of a bond is primarily to ensure that the accused shows up to all future court dates. But of course, as applied, it doesn't always work like that.



Criminal practice is funny that way sometimes.


Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Clayton, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.