Getting out of jail is the most important thing you can do for yourself, or a loved one. There are so many problems with pre-trial detention that some States have abolished bail for certain cases. Unfortunately Georgia is not one of those States. For this reason you need to know how to post bail as soon as possible after your arrest. Read the info below to help, and contact our office immediately for a consultation to discuss your options.
What is the difference between Bail and Bond?
“Bail” refers to the money you pay as a security in exchange for your release from jail. Similarly, “Bond” refers to a pledge made on your behalf promising to pay your bail in the event you don’t return to court.
Will I automatically have a bail once I am arrested?
The jail may have a Preset Bail order for certain offenses. Preset bails are automatic and allow you to post bail immediately. In contrast, if your charges do not have a preset bail you may not be able to be released immediately, and you must wait for an Initial Appearance Hearing.
Your Initial Appearance Hearing will be held at the jail. These hearings also occur within 48-72 hours of your arrest. At that time a judge will review your arrest warrant and ask you questions to determine an appropriate bail.
Will I definitely have a bail after my Initial Appearance Hearing?
No. The judge at the initial appearance hearing may cite many factors to deny your bail, and continue your pre-trial detention. For instance, the severity of your charges, your criminal record, or domestic violence concerns can be reasons your bail is denied. If you don’t have a preset bail, and don’t have a bail after your initial appearance, then you will need to request a Bond Hearing. You can call witnesses, provide testimony, and even negotiate with the prosecutor at your Bond Hearing.
How do I post bail?
You may have multiple options to post bail according to your specific court order. If you have a Cash Bond, you will be required to make a one-time payment in full to post bail. You can call the local jail or court to ask if they accept other forms of payment. They may accept a cashier’s check, money order, or credit card. The benefit of posting a cash bond is your ability to get your money back after the case is resolved.
If you have a Professional Bond, you can hire a professional bondsman to post bail. They can charge you a percentage of the total bail amount. The downside of a bondsman or bonding company is the requirement that you lose collateral for your bond if you fail to show up to court. Also, you will not get the money you paid a bondsman back once the case is resolved.
If you have a Property Bond, you can use equity in property to post bail. In most counties the subject property needs to be worth at least two times the amount of bail. You can call the local jail or court to find out what documents (deeds, tax statements, etc..) are necessary to secure this type of bail.
If you have a Signature Bond, you may be released on your promise to return to court. This type of bail requires no money upfront. A judge will consider many factors in deciding whether you are eligible for this type of bond. This can include your income, the accusation, criminal record, and likeliness to return to court.
Can I be held without Bail?
Yes. You can be denied bail if a judge determines you are not a good candidate for release. In order to make this determination, a judge will consider if you are a flight risk, a danger to the community, likely to commit other felonies, or likely to interfere with witnesses.
A probation, parole, or immigration hold can also impact your ability to get a bail.
Can you get me out of jail?
Our office will tell you the likelihood of getting a bail or bond hearing during our consultation. There are many factors we can explore to prevent your pre-trial detention. Being stuck in jail while your case is pending can last months, or even years. Contact our office today to schedule a consultation and discuss your options.