Bond Hearing
If the Magistrate Court judge cannot set a bond pursuant to O.C.G.A. 17-6-1 (charges that only a Superior Court judge can set bond on, include murder, rape, aggravated sodomy, armed robbery, hijacking a motor vehicle, aggravated child molestation, aggravated sexual battery, trafficking cocaine/heroin/meth/ecstasy, aggravated stalking), the defense attorney may file a bond motion, and request a bond hearing date before a Superior Court judge. The Superior Court judge will conduct a pre-trial bond hearing, where judge will consider four factors:
(1) Defendant’s criminal history, and the likelihood that he/she is a risk to commit additional felonies while on bond;
(2) Defendant’s history of missing court dates, and the likelihood that he/she will flee from the jurisdiction of the court, or fail to appear in court when required;
(3) Defendant’s character, and the likelihood that he/she poses a threat or danger to any person, to the community or to any property in the community; and
(4) Defendant’s propensity for violence, and the likelihood that he/she will intimidate witnesses or otherwise obstruct the administration of justice.
If the judge sets a bond, it will be one of four types of bond:
(1) Recognizance bond (also known as “OR” bond, “ROR” bond or “signature” bond) is the defendant`s written promise to appear in court on the date set and abide by the terms set by the judge. No monetary pledge, cash deposit or security by property or professional bondsman is required. This is the best type of bond, because it is sign and go. It is the type of bond most automobile driver’s are granted after a traffic citation. It is rarely granted on felony offenses.
(2) Property bond is a secured bond, where defendant or family/friend posts equity in property as a pledge that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set. A property bond is a good bond, because it does not require the outlay of any money.
(3) Cash bond is a secured bond, where defendant or family/friend posts the face amount of the bond and any surcharges as a pledge that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set. A cash bond is a good bond, because at the end of the case, all of the money is returned to the person that posted the bond.
(4) Surety bond is a secured bond, where defendant or family/friend can post property, cash or have the bondsman go on the bond as a pledge that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
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Lawrence Lewis, P.C. is a criminal defense law firm focused on educating clients and their families on the criminal justice process, as well as working towards favorable resolution of criminal charges.
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