What is a Bond?
A bond is a form of a guarantee with the court that someone will show up in court after they have been arrested and then released. Generally when someone is arrested for a crime the will have to go in front of a judge in order to get a bond. This bond can come in several forms including either: a cash bond, a surety bond or a signature bond.
A cash bond is simply a bond that is placed at a certain amount of money that must be paid in order for some one to be released from jail. A surety bond is where you would find a bondsman to guarantee that you will appear for court. The bondsman pays the bond for you and basically guarantees that you will appear before the court when called. A signature bond is where you basically sign your signature to get released from jail.
There are three “factors” that should be considered when a judge grants a bond which are commonly referred to as, after the case that established them, the Ayala factors (Ayala v. State, 425 S.E. 2d. 282).
There are certain violations that require an individual to go in front of a superior court judge in order to get a bond. These more serious crimes are defined in OCGA § 17-6-1. For these particular crimes, ONLY superior court judges can issue a bond. Generally the first judge a defendant sees when trying to get a bond (within the first 24-72 hours of arrest) are Magistrate court judges.
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.
Have you or a loved one been arrested and need a bond? Although you don’t have to hire an attorney, a experienced attorney may be able to help you or a loved one get a bond granted so that you can get back to life while the court “gets around” to your case.
Every case is different because no two sets of facts are the same. We can provide the proper application of not just the law but also case law and our experience to your situation surrounding your case and providing a properly crafted argument for YOUR bond hearing.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.