Many people don’t realize what all happens after an arrest. One of the things that happens, which we covered in a previous blog, is the assignment by the judge of a bond. Of course, review on the background of a bond can be viewed on our website here: What is a bond?
Its bad enough that defendants are facing more time in custody because of the precautions that courts are taking during this time of COVID. It becomes even more aggravating when you finally get your appearance before the judge and the judges gives either a bond that really isn’t fair or does not issue a bond at all.
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, who considers certain factors (referred the Ayala Factors) 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. The defendant must file this motion for Bond if they want to go in front of the judge for a bond hearing.
What about the charges that defendant’s face which don’t require the assignment by a superior court judge, such a misdemeanors or felonys that don’t require a superior court judges review? This is one reason that it is almost essential to hire a attorney for your first appearance. Otherwise you may be facing some conditions on your bond that are just uncalled for or the judge may not even give you a bond. Want an example? How about someone is arrested for Battery, Simple Battery, Domestic Violence, Aggravated Assault and can no longer return home or have contact with their spouse because the court deemed it too dangerous since the spouse was the one reporting the battery/Domestic Violence. The court will err on the side of caution and simply grant a bond but with a condition of no contact with the victim in the case. An argument, at that point, would have been presented to the judge as to why that condition on the bond is inappropriate if the Defendant had retained an attorney for representation at the bond hearing. Want another example, even though there is no criminal history for the Defendant, the judge still denies bond because of the seriousness of the charge. An example of one such charge is Computer or Electronic pornography. The court takes this charge very seriously to the point that the court will assume the Defendant will re offend and will not issue a bond. When this decision is made, however, it is typically not fair to the defendant as the Judge has only input from the officer who is requesting the warrant and/or the prosecutor who may be supporting that request. Both of these examples are a keen reason to seek the help of and retain a defense attorney.
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.