Bail works very differently in Georgia than in cashless bail states. These states usually put “nonviolent” offenders on the honor system. One problem is that many offenses, such as stalking, are either violent or nonviolent, depending on your perspective. Additionally, although they’re willing to make some adjustments (more on that below), many jurisdictions, including Georgia, hesitate to make wholesale changes and possibly throw the baby out with the bathwater.
Bail works better in Georgia if a Marietta criminal defense lawyer gets involved early and assertively. Most attorneys have professional relationships with bonding companies. In many cases, a Marietta criminal defense lawyer doubles as a bail bondsman. Additionally, if things go wrong during this process, a lawyer advocates for defendants and keeps them out of jail.
Arrests in Georgia
Officers can arrest people if they see offenses committed or if they have probable cause to believe an offense was committed.
Probable cause is a relatively low standard which basically means the defendant is probably guilty. Assume officers respond to a domestic disturbance call. After they separately interview Ozzie and Harriet, they determine that Ozzie “started it,” largely based on Harriet’s story.
Her uncorroborated statement is sufficient for probable cause, because it means that Ozzie is probably guilty. But at trial, a Marietta criminal defense lawyer cross-examines Harriet. That cross-examination brings out some minor inconsistencies in her story and also reveals that she has an ongoing divorce case against Ozzie. Her lack of credibility and possible bias mean the state’s case most likely isn’t enough to establish guilt beyond a reasonable doubt.
Offenses within view are more straightforward. Officers saw what they saw. Furthermore, police officers are basically professional witnesses who are not easily rattled under cross-examination.
Types of Bail in Cobb County
As mentioned, the cash bail system in Georgia is far from perfect. In fact, Georgia has one of the highest percentages of unsentenced inmates in the country. Nearly half of local jail inmates either cannot make bail or are waiting for their paperwork to go through.
To ease overcrowding and speed up the jail release process, three forms of bail are usually available in Cobb County.
- Pretrial Release: OR (Own Recognizance) release is the honor system mentioned above. Inmates usually qualify for pretrial release if they’re charged with nonviolent offenses and have no criminal record. These qualifications are fuzzy. We discussed the definition of “violent” crimes above. Additionally, a remote criminal record (conviction more than ten years old) has little bearing on the defendant’s danger to society, or lack thereof.
- Cash Bail: Usually, the sheriff sets a presumptive bail amount, which is usually about $750 in most misdemeanors and $2,500 in most felonies. Cash bail is like a security deposit. When a Marietta criminal defense lawyer resolves the case, the county refunds most cash bail money. One problem with cash bail is many people don’t have that kind of cash available.
- Bail Bond: Bonding companies usually charge about a 15 percent premium to file bail bonds, which are like insurance policies. If the defendant fails to fulfill all conditions of bond, the bonding company bears the financial risk. Because they’re basically a combination of low-cost pretrial release and high-cost cash bonds, bail bonds are the most common kind of pretrial release in Cobb County.
A Marietta criminal defense lawyer makes a big difference in every form of pretrial release in Georgia.
Lawyers informally advocate before pretrial release boards, helping more defendants qualify for this form of pretrial release. In terms of cash bail, if the defendant has a lawyer, the sheriff is usually more willing to take non-cash payments, like credit cards or even property deeds. Finally, a Marietta criminal defense lawyer often prepares the bail bond, meaning that the defendant has fewer conditions to follow.
These conditions usually include avoiding trouble with the law, remaining in the county, reporting to a supervision officer, and perhaps most importantly, attending all required hearings. Some, but not all, Cobb County judges require defendants to appear at pretrial procedural hearings.
These conditions usually also include offense-specific conditions, like a keep-away order in a domestic battery case.
Bail Hearings and Marietta Criminal Defense Lawyers
At a bail reduction hearing, a defendant requests a lower bail amount than what was initially set. This request is based on a simple principle. Bail is intended to ensure the defendant returns to court for future proceedings, not to punish the defendant, who has been convicted of nothing at this point.
At this hearing, a Marietta criminal defense lawyer argues that the current bail is excessive or unaffordable, potentially violating the defendant’s constitutional rights under the Eighth Amendment, which prohibits excessive bail.
The court considers several factors when deciding bail reduction, including the severity of the alleged offense, the defendant’s criminal history, ties to the community, employment status, financial resources, and the risk of flight. Defense lawyers usually present evidence such as character references, proof of employment, or community involvement to support their cases. The prosecution may argue against a reduction, especially if they believe the defendant poses a public safety risk or is likely to flee.
If the judge finds the original bail amount unjust or unnecessary, they may reduce it or release the defendant on their own recognizance. However, if the court believes the defendant is a flight risk or a danger to the community, the bail may remain unchanged or even be increased. Each decision is made on a case-by-case basis.
Things happen quickly at this stage. The bail reduction hearing is usually seventy-two hours after the arrest, giving a lawyer little time to prepare. So, if a friend or loved one is arrested, your first call should be to a lawyer, not a bail bondsman.
Bail works pretty well, but not perfectly, in Georgia. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. We routinely handle matters in Fulton County and nearby jurisdictions.
