An arrest does not always mean a person must stay in jail until trial. In Georgia, a court may allow a person to leave custody while the criminal case moves forward. However, release may come with strict rules. Understanding bail, release conditions and possible revocation can help defendants know what to expect.
How does a judge decide bail?
Bail allows a person accused of a crime to remain out of jail while awaiting court proceedings. It does not decide whether that person is guilty.
Georgia law treats charges differently when deciding who may grant bail. For many offenses, a court of inquiry can set bail. However, Georgia law specifies that certain serious offenses, such as murder, rape and armed robbery, are bailable only before a superior court judge, meaning lower courts cannot grant release on bond for these charges.
When setting bail, the judge considers whether the defendant will return to court and whether release could put another person or the public at risk. For misdemeanors, Georgia’s bail law says courts should not impose excessive bail. Conditions should address court attendance and safety based on the circumstances.
What conditions can come with release?
A judge may release someone under different arrangements. Depending on the charge and circumstances, the person may need to post money or property or use a professional bondsman. Some defendants may qualify for release without a secured bond.
However, Georgia limits that option for certain offenses. People charged with a bail-restricted offense cannot receive an unsecured judicial release. Instead, they generally must use an approved secured form of release.
A judge may also set rules that the defendant must follow. For example, conditions may restrict contact with certain people or access to certain places. In stalking cases, a judge may prohibit a defendant from going to the alleged victim’s school, workplace or other specified locations.
What happens when bail conditions become a problem?
Release comes with responsibilities. Missing court or violating a bail condition can lead to serious consequences, including an arrest order or changes to release. Georgia law requires the court to summarily issue an order for arrest whenever a person released on an unsecured judicial release fails to appear as required.
Because bail rules depend on the charge and facts of the case, defendants may benefit from understanding their specific release order. An attorney can explain the conditions, address concerns about bail and help a defendant avoid mistakes that could affect continued release.
