Bail Bond Hearings

What is Bail?

Bail is your promise to the court that you will return for hearing and trial dates in exchange for release. Sometimes, you may be released on your own recognizance, and no money will be provided to the court, or you will offer a set amount of money or property in exchange for your freedom. If you fail to attend your court dates, then you will forfeit your money or property.

If you cannot afford the bond amount, then you may require the services of a bond agent. He or she will pay your bail and take a percentage of the bail money upon your fulfillment of your promise to the court. This is known as bonding out.

Whatever the case, the U.S. Constitution stipulates that bail cannot be set so high that it is deemed a form of punishment. It should only be an amount necessary to ensure that you keep your promise.

Bail Eligibility

At your first appearance in court, the judicial officer (magistrate or superior court judge) may set bail or will schedule a commitment hearing for the purpose of setting bond. During this hearing, the judge will determine your likelihood of appearing in court for various hearings or trial.

You’ll want Attorney Dean Phillips to help you offer the best defense so that you can meet the judge’s requirements. Some factors that are involved in whether a judge will set a bond are:

• Your ties to the community
• Stable employment
• Your financial history
• Prior offenses, if any
• Alcohol or drug issues
• Previous failures to appear at court dates
• How long you’ve lived in the area
• Your mental and physical condition
• Severity of the crime
• Whether you pose a danger
• You have an outstanding warrant
• Arrested on parole, probation, or bail

O.C.G.A. § 17-6-1 offers further details on bail eligibility.

Bail Jumping

If you fail to attend a court date, you may be charged with bail jumping, which can either be a misdemeanor or felony depending on the charges for which you were arrested. You may also be required to turn in your driver’s license, and the judge could issue a warrant for your arrest.

Felony bond jumping can result in one to five years in prison and/or a fine of $5,000.00 or less. Misdemeanor bond jumping can result in a year or less of prison time and/or a fine of $1,000.00 or less. Misdemeanor out-of- state bond jumping applies to you if you fled the state and were charged with certain misdemeanor crimes. This can result in one to five years in prison and/or a fine between $1,000.00 and $5,000.00.

Attorney Dean Phillips can help you establish a defense. You may have had legitimate reasons for missing your court date such as having a mental or physical disability. Georgia law provides other conditions that might excuse you from bond  jumping, and you will need Dean Phillips in your corner to determine your options.

Mr. Phillips can represent you if you were arrested or jumped bail in Marietta, Cobb County, Paulding County, Bartow County, Acworth, Austell, Powder Springs, Smyrna, Kennesaw and Woodstock. For a free consultation for your criminal defense case, call 770-627-5936.