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Bond Hearing Process in Cobb County, Georgia

What Is a Bond Hearing?

A bond hearing is a court procedure in which a judge determines whether an arrestee should be released from jail while their case is ongoing--if so, under what conditions and at what cost (bond amount).

When Does It Occur?

In Cobb County, bond hearings typically take place within 72 hours after an arrest if someone remains jailed. They typically occur at the Cobb County Adult Detention Center during weekends and holidays when the main courthouse is closed.

Depending on the nature of the offense, bond may be set quickly--often even at the jail itself.

For felonies involving serious offenses, an initial appearance may be held and the judge may set bond or deny it as soon as possible.

What Factors Will the Judge Consider?

The judge considers several factors when making bond decisions:

• Details of the Offense or Charge (Severity/History) and Background Information about the Individual
• Risk of Flight (whether someone may flee)
• Risk to Community or Victim
• Ties to the community (family, employment and residence)

Can Bond Be Denied?

Yes. Georgia law authorizes judges to deny bond for serious charges such as:

• Murder
• Armed Robbery
• Rape
• Drug Trafficking

If the defendant's bond application is denied, they should request a formal bond hearing with Cobb County Superior Court by filing through an attorney.

Bond Types in Cobb County

• Cash Bond - Paid in full up front
• Surety Bond - Pledged through a bail bondsman for 10-15% of the bond total amount.
• Property Bond - Utilizing real estate as collateral
• Own Recognizance Bond (ORB) - Release from prosecution without payment, on the basis of personal promise to appear and be present when required.

Why Hire a Criminal Defense Attorney for a Bond Hearing?

An experienced Cobb County criminal defense attorney, can

• Argue for lower bond or release without bonds
• Present favorable evidence (i.e. job, family and clean record).
• File Motions If Bond Was denied
• Initiate an expeditious bond hearing process if none was granted.

Engaging a lawyer at your bond hearing can make an immense difference between staying behind bars or being released while your case moves forward.

In felony cases, a preliminary hearing is typically held to assess whether there is sufficient probable cause to proceed with prosecution and, if this is established, then the case is bound over to Superior Court for consideration. For misdemeanor cases however, direct prosecution to State Court may occur without this intermediate step.

At an arraignment, the defendant will be presented with the charges and asked to enter their plea of guilt, not guilt, or no contest. If they choose not guilty plea they move onto pre-trial proceedings; otherwise their case remains open until further adjudication.

During this phase, both sides may file motions, conduct discovery (exchange of evidence), and negotiate plea deals with one another. If necessary, hearings will also be scheduled before trial begins to address any legal issues that have come up.

Unless a plea agreement can be reached, the case goes to trial. Defendants have the option of selecting either a bench trial (judge-only) or jury trial; with jury trials, a panel of peers determines their verdict based on evidence presented during proceedings.

If the defendant is found guilty or enters a guilty plea, the court can impose an appropriate sentence that could include fines, probation, community service or even incarceration, depending on the severity and other relevant factors of an offense.

After sentencing, the defendant has the right to appeal their conviction or sentence. Post-conviction relief options may also include motions for new trials or sentence modifications.

The Pretrial Diversion Program is tailored for low-risk offenders who have committed nonviolent offenses without serious physical injuries to victims. Participation occurs prior to adjudication and successful completion may lead to the dismissal or nolle prosequi of charges against you.

Eligibility Criteria

• Must be at least 17 years old.
• Apply voluntarily with advice a criminal defense attorney.
• Reside within Georgia and have access to Cobb County Drug Treatment Court laboratory for drug testing.
• Pay an administrative fee of $200 in addition to any restitution owed.
• Offenses must be nonviolent and not result in serious physical injury to anyone
• No prior participation in diversion programs

Requirements of Program Participation

Enter into a contractual agreement outlining an individualized supervision plan, which may involve counseling, education, drug screening and community service.

Attend all court appearances except when excused by the judge

Refrain from using illegal substances such as drugs or alcohol and unapproved medication and adhere to drug screening procedures as directed.

Maintain gainful employment or school participation.

Stay clear from associating with individuals involved in illegal activity. Report any contact with law enforcement immediately

Refrain from possessing weapons during this program.

Drug Testing

Participants will be randomly subject to drug and alcohol testing. Positive tests, diluted samples or missed tests could result in increased screening or extended program time or even termination from the program. Any attempt at falsifying drug screens could also lead to suspension.

Duration of Programs

Program length depends on an individual's case but typically lasts from 6-12 months.

The Marietta Municipal Court offers an equivalent diversion program to first-time offenders charged with specific misdemeanors.

Eligibility Criteria in Marietta GA for this diversion option:

• Legal action was brought against him for misdemeanor possession of marijuana, minor in possession of alcohol and theft by shoplifting.
• No prior arrests or convictions, except minor traffic offenses.
• Seek legal advice and petition the court for admission into the program

Program Requirements

• A fee of $300 must be paid as part of this program.
• Participants in this program are under the supervision of Marietta Municipal Court Probation.

Once completed successfully, any charges of offense will be considered nolle prosequie (formally dismissed).

Note:

Participation in these programs is a privilege and not an entitlement; failure to meet program requirements could result in dismissal from participation and reinstatement into traditional prosecution proceedings.

For further assistance or more specific case advice, you may wish to consult with an experienced criminal defense lawyer familiar with its legal system.