Democrats and their allies claim that a proposal to require cash bail in about two dozen cases is unfair and unconstitutional.
Senate Bill 63 would add more than two dozen offenses to the list of charges requiring cash bond while limiting charitable bail funds, including those ran by churches, protest groups, and individuals, from securing the release of no more than three people a year from jail.
Opponents of the measure say it could cause people accused of crimes to lose their jobs, homes, and custody of their children when they land in jail and can’t afford the sum of money that is required in exchange for their release.
As for the measure’s legality, Democratic State Sen. Josh McLaurin cited a Supreme Court ruling that the First Amendment allows “unlimited money” to flow to political campaigns. “If that is the law of the land, then it’s kind of absurd to say that a church that wants to exercise its right, its expressive right to support its community members, again, by just spending money, then it would just be a lot of hypocrisy,” McLaurin said.
Jail Release Issues
Cash bond requirements make jail release almost impossible. About a third of families cannot pay cash for a $400 emergency expense. So, unless they have valid credit cards, generous friends, or another non-0cash alternative at their fingertips, cash bond is unaffordable, even in a misdemeanor. Cash bonds usually start at about $750 and go up from there.
Pretrial detention obviously has severe personal and professional implications. Incarceration also creates legal and health problems.
When people are behind bars, the presumption of innocence, the foundation of a criminal defense in Georgia, basically becomes a presumption of guilt. Georgia’s speedy trial act is rather complex, but essentially, a defendant could remain behind bars for up to six months waiting for trial.
Most incarcerated defendants don’t want to wait six days, let alone six months, for their day in court. They’d rather plead guilty, receive probation, and go home. Frankly, if we were in that situation, we’d probably feel the same way.
If investigation and trial isn’t an option, a Marietta criminal defense lawyer must usually take the prosecutor’s first offer. An attorney cannot challenge the state’s evidence.
Furthermore, incarceration causes brain injuries and personality changes. Sometimes, the changes are good. Over the years, we’ve read many inspiring tales about former inmates who turned their lives around for the better. Other times, the changes aren’t so good. These negative changes, which are much more common, hardly ever make the headlines.
These health and legal issues often overlap. Over-production of stress hormones causes prison-related brain injuries. These hormones cloud the mind. People who aren’t thinking clearly often make very bad decisions, such as accepting an unfavorable plea bargain offer.
Jail Release Methods
In most cases, if cash bond isn’t an option, two other jail release options are generally available in Cobb County. A Marietta criminal defense lawyer makes these options more practical.
If cash bond is like a security deposit (fulfill the condition and you get most of the money back), a bail bond is like an insurance policy. A bonding company essentially vouches for the defendant and promises to pay the cash amount if the defendant skips bail.
Before they vouch for defendants, most bonding companies require a lot of personal information. Furthermore, the bond agreement usually has a list of conditions as long as your arm. The lengthy conditions make a bond forfeiture hearing much more likely. The more conditions there are, the easier it is to break one. More on that below.
A Marietta criminal defense attorney negotiates with bonding companies and usually trims the number of conditions. The partnership alone does a lot of good. Defendants who hire lawyers obviously take the matter seriously and are less likely to skip town.
Pretrial release is usually available as well, if the defendant has a clean criminal record and is charged with a single nonviolent misdemeanor. Pretrial release is like a traffic ticket. If you sign the ticket and promise to appear, the officer lets you go.
Frequently, lawyers advocate for defendants through this process, helping to speed the procedure and obtain release in borderline cases (e.g. a defendant who has a criminal record in another state).
Bond Reduction Hearings
A cash bond requirement must still be reasonable, according to the Eighth Amendment. Initially, the sheriff determines a reasonable amount, usually based solely on the severity of the offense and the defendant’s criminal record. At a subsequent bail reduction hearing, a judge decides, based on multiple factors, like the defendant’s:
- Ability to pay,
- Connections to the community,
- Threat to the community, and
- Likelihood of flight.
These factors all weigh in favor of a lower bail amount. The defendant’s ability to pay is usually limited, as outlined above. Furthermore, also as mentioned above, if the defendant has a lawyer, the defendant is less likely to flee, as the defendant has already made a substantial investment.
Usually, a Marietta criminal defense lawyer resolves these matters out of court. For example, prosecutors usually agree to reduce the bail requirement if defendants agree to additional conditions. That’s a risky strategy, but the likely alternative (extended pretrial detention) is much worse.
Bond Revocation Matters
Many bail conditions are uncertain and hard to follow. Court appearances are a good example. Some criminal courts require defendants to appear at all pretrial hearings, even purely procedural ones. In other courts, defendants must only appear at resolution hearings (trials and plea hearings).
If a defendant violates a technical condition, like failing to appear at a procedural hearing, a Marietta criminal defense lawyer can usually simply reschedule the hearing. However, after a major violation, like failure to appear at trial, the judge usually issues a bench warrant.
A bench warrant is a combination of a court order and an arrest warrant. Court orders carry more weight than arrest warrants. Furthermore, bench warrants, like other arrest warrants, are valid forever. There’s no statute of limitations.
So, in these cases, attorneys must quickly make alternative arrangements. If the defendant voluntarily surrenders, replacement bail is usually available. Frequently, defendants who voluntarily surrender in this way don’t serve more than an hour or two behind bars.
Prompt pretrial release jumpstarts a criminal defense. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
