People go to jail to serve their punishment, after conviction. Pre-conviction detention has a much different purpose. Authorities confine defendants before their trials to guarantee that they’ll show up at trial and not pose a danger to the community in the meantime. If another form of security provides the same guarantees, jail is cruel and unusual punishment under the Eighth Amendment. Innocent until proven guilty is the cornerstone of our criminal justice system.
So, jail release prior to conviction is available in almost all cases. The jail release process depends on several factors, including the charges, bond eligibility, court schedules, and whether the defendant meets all legal requirements. This guide explains everything you need to know about how inmates are released from the Cobb County jail.
Jail release is just the first step in the criminal law process. Unless a Marietta criminal defense lawyer advocates for defendants, they’ll probably go right back to jail, and authorities will most likely lock the door and throw away the key. Criminal law advocacy means identifying all possible procedural, substantive, and/or affirmative defenses, then leveraging those defenses at trial or, more likely, during pretrial settlement negotiations.
Understanding the Cobb County Jail Release Process
Step 1: Booking
In Cobb County, officials usually immediately transport defendants to the county detention facility for booking. During booking, officers collect personal information, photograph the inmate, take fingerprints, and document the criminal charges.
The booking process also includes a personal property inventory. Frequently, defendants manage to conceal illegal items during law enforcement contacts. Officers nearly always discover these items during the inventory process.
Incidentally, the Fifth Amendment usually gives people the right to refuse to give personal information to officers. But upon arrest, such requests fall under the category of basic law enforcement instructions. Everyone must step out of the car, and everyone must follow booking procedures.
Once booking is complete, a process that could take several hours, the inmate’s release options depend on:
- The severity of the charges,
- Whether bond has already been established,
- Outstanding warrants,
- Prior criminal history,
- Applicable court orders, and
- Immigration holds or other legal detainers.
Some inmates are eligible for immediate release. Others must wait several days for a court appearance.
Step 2: Bond Determination
After booking, jail officials, usually unelected sheriff’s deputies, determine whether the inmate is eligible for immediate release on bond. Possibilities include:
- Signature Bond: Sometimes, a promise to go forth and sin no more is adequate security. A signature bond allows the inmate to promise they will appear in court without paying cash upfront. This option is generally reserved for lower-level offenses and individuals considered low flight risks.
- Cash Bond: A cash bond requires payment of the full bond amount before release. Once the case concludes and all court appearances are completed, and the defendant complies with all release conditions, the money may be refunded according to court rules.
- Surety Bond: Many defendants work with a licensed bail bond company. Instead of paying the full bond amount, they typically pay a non-refundable premium, and the bail bond company guarantees the full bond to the court.
Hybrid release may be available as well. For example, a bonding company may be unwilling to assume the risk of a $10,000 bond. But if a defendant puts up a $5,000 refundable “down payment,” the bonding company might be more interested.
Some serious offenses may initially receive no bond until the defendant appears before a judge. Likewise, some defendants charged with multiple offenses may need to work with a Marietta criminal defense lawyer and see a judge prior to release.
Step 3: Paying the Bond
Once bond has been set, payment must be processed before the release process begins. Depending on the type of bond, payment may involve:
- Cash payment,
- Certified funds (usually a credit card),
- Property bond (when allowed), and/or
- Bail bond agency paperwork.
Slight paperwork errors or any incomplete documentation often significantly delays, or even derails, jail release.
Step 4: Release Authorization
After bond payment is verified, jail staffers begin the release process. Before any inmate leaves custody, officials must:
- Confirm bond payment,
- Verify identity,
- Check for additional warrants,
- Review court orders,
- Return personal belongings, and
- Complete final paperwork
Why do jail officials go back over the same ground and check everything again? To catch the next Oklahoma City truck bomber.
After his act of terrorism, Timothy McVeigh was on his way to making a clean getaway until an officer pulled him over for a traffic violation. The officer found an illegal handgun in the car and arrested McVeigh. Officials were about to release him until the Oklahoma City bombing warrant pooped up on the computer.
How Long Does Release Take in Cobb County?
Many people assume release occurs immediately after bond payment, but alas, that’s rarely the case. Several factors affect release times, including:
- Jail Population: Large inmate populations create delays and slow processing.
- Staff Availability: Release officers process inmates in the order paperwork is completed and processed.
- Time of Day: Releases requested during evenings, weekends, or holidays often take longer.
- Outstanding Holds: If another county or agency has placed a hold on the inmate, release may be delayed until those issues are resolved.
In many situations, release may take anywhere from two to twelve hours after bond is posted. During particularly busy periods, it may take longer.
What Happens After Release?
Release doesn’t end the release process. Instead, in many ways, release is just the beginning. After release, defendants are generally expected to:
- Attend all required court hearings (possibly including procedural hearings),
- Follow release conditions,
- Avoid new criminal charges,
- Maintain contact with a Marietta criminal defense lawyer, and
- Comply with travel restrictions if imposed.
Failure to follow release conditions may result in bond revocation, arrest warrant issuance, and additional criminal charges.
Jail release in Cobb County is a process, not a result. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
