Experienced Representation at This Critical Early Stage
After an arrest, the bond hearing is one of the first steps of the criminal justice system. Typically, a defendant will be brought in front of a judge within 72 hours, and the judge will consider both whether to issue bond and what that bond might be.
This hearing can be critical to a defendant’s case, primarily as the outcome of the hearing determines whether they may be released from custody prior to a trial. At Overman & Overman, our attorneys will work tirelessly to build your defense, whether you retain us solely for the bond hearing or choose to work with us throughout the duration of your case.
What Happens at This Hearing?
This hearing differs from the arraignment, where the defendant hears the charges against them and enters a plea. The issue of bond is the sole consideration of this hearing. Bond consists of some sort of collateral collected in exchange for the defendant’s pre-trial release and assurance to appear at future court dates.
Judges consider several key factors when determining whether to award and set bail, including whether the defendant poses a significant risk of fleeing, danger to the community, committing a felony, and intimidating or harassing witnesses. It can be critical to work with an attorney at this early stage. An attorney can prepare your case to show you do not pose a significant risk or threat to individuals or the community. Preparation is important for these hearings in order to paint a full picture of who the defendant is, rather than just the alleged crime committed.
Different Kinds of Bonds
Bond does not always look the same from case to case. Specific types of bonds include:
- Cash bond: individuals pay cash upfront to the jail and receive this money back after appearing at all court hearings and the resolution of the case.
- Property bond: an individual’s property is used as collateral.
- Own recognizance (OR) bond: while no form of payment is required, individuals are trusted to return for future court dates.
- Surety bond: a bail bond company posts bail on behalf of the defendant and charges a fee of typically 10-15% of the bond amount.
Even if bond is denied at the first bail hearing, bond may be possible to discuss again at a later date.
We Can Help You Understand What to Expect
We are often contacted by family members worried about their loved one behind bars prior to this hearing. We understand how confusing and stressful a time this can be. We help you and your loved ones understand the process to follow and what to expect at this hearing.
To get started, contact our criminal defense lawyers by calling 770-501-7425 or sending us a message online. Based in Fayetteville, we work with clients throughout Greater Atlanta and across the state of Georgia.