Experienced. Dedicated. Trusted.

How is Bail Amount Determined?

If you have been charged with a crime in Georgia, you are likely motivated to get out of jail as quickly as possible. Luckily, bail can provide defendants with a means of getting out of jail after they are charged, so that they do not have to remain incarcerated until their hearing, which can often be several months or even over a year later. That is time that defendants could be using to enjoy life, work, and prepare for their defense. Of course, bail is not available nor appropriate in all cases. To help you understand when bail is available and how much it may be, read on. If you have specific questions about whether bail is likely to be granted in your case and in what amount, it is a good idea to consult directly with an Atlanta criminal defense attorney.

Bail vs. Bond

Many people use the terms bail and bond interchangeably, even in legal settings, however, these are two different concepts. Bail is set by a judge and allows a defendant who has been charged with a crime to leave jail and return for their hearing. A defendant may be granted bail on their own recognizance, which means no money or collateral is required, but this is generally reserved for very low-level cases or where there is no threat to the community or of the defendant fleeing. In most cases, bail will be set in a specific amount. When the defendant returns to court for the hearing, the bail amount is returned. If the defendant (or their family) cannot afford to pay the bail amount, they can go to a bail bondsman. A bondsman can provide a bond, which means that they will cover the defendant’s bail so that the defendant can get out of jail, however, to get the bail you must pay the bondsman a fee, usually between 10% and 15% of the total bail amount. That fee is not refundable, even if the defendant shows up for their hearing.

How is Bail Amount Determined in Georgia?

Many factors go into determining bail, and it is up to the judge to determine how to set bail. Generally, the primary factor in setting bail is how likely the defendant is to leave the jurisdiction. If the defendant poses a flight risk the judge is either unlikely to grant bail or will set bail very high so that the defendant either will not be likely to pay it or will be highly likely to return. The judge may also consider the defendant’s reputation within the community and whether they have ties to the community, as well as the seriousness of the offense, possible risk to the community, and how likely the defendant is to commit another offense. In some cases, based on the charges that the defendant is facing, bail will not be permissible. If you have questions about making bail, it is a good idea to consult with an attorney.

Schedule a Consultation With Ghanayem & Rayasam in Atlanta Today

If you are facing criminal charges in Atlanta, Georgia, the experienced criminal defense attorneys at Ghanayem & Rayasam are ready to fight to make sure your rights are protected and that you get back to your normal life as quickly as possible. Contact Ghanayem & Rayasam today to schedule a consultation.