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Why is it taking longer for arrested and jailed Defendants to get a bond?

| Dec 6, 2020 | Firm News |

Many people don’t realize what all happens in a bond hearing or what a bond entails.

Touching on the background of a bond can be viewed on our website here: What is a bond?

During this time of COVID some courts are taking longer than normal in order to grant bonds to defendants. We touched on certain types of crimes that require going in front of a Superior Court Judge in order to get a bond granted by the court. These more serious crimes, as defined in O.C.G.A. 17-6-1 REQUIRE the ruling from a superior court judge in order for the defendant to be considered and granted. The only way that this type of hearing happens is if the Defendant files a motion for bond with the court. This motion is NOT filed for the defendant and the defendant will have to file this motion if they want to go in front of the judge for a bond hearing. Various courts require you to file this type of motion such as Fulton Superior Court, DeKalb Superior Court, Cobb Superior Court, Gwinnett Superior court and Clayton Superior Court. In fact for just about ALL Felony charges a Defendant will need to file a motion for bond.

Of course there are facts to every case where bond will need to be argued in order to get a judge to grant a bond. Just like all situations are different, every defendant’s history and their “story” is also different. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a good argument to get the court to grant a bond.