An important part of the criminal justice process is the initial bond / preliminary hearing. Before a case can proceed, the accused will appear before the judge to determine if they are eligible for release on bond or if they must remain in custody pending trial.
At Winters Law, LLC, our first goal in any criminal case is to help you secure your release. In some cases, we can have your initial hearing waived and obtain your release without requiring a bond to be paid. If you or a loved one is facing criminal charges, reach out today to let us guide you through the process.
What is a Bond Hearing?
A bond hearing is often the first court appearance a person has after being arrested in Georgia. It typically occurs within 72 hours of arrest, or 48 hours if you are taken into custody via an arrest warrant. The purpose of the bond hearing is to determine whether the person accused of a crime can be released from jail before trial and, if so, under what conditions. It’s a critical moment that can determine whether someone spends weeks or months in custody or is allowed to return home while their case proceeds through the court system.
At the hearing, the judge considers several factors before making a decision. These include the severity of the alleged offense, whether the accused has a prior criminal record, whether they are a flight risk, and whether they pose a danger to the community. The judge may decide to set a monetary bond, allow release without requiring money through recognizance, or deny bond entirely in very serious cases.
Having a defense attorney present at the bond hearing can be crucial. An experienced lawyer can present evidence of the defendant’s community ties, employment, or lack of a criminal history and argue that the defendant should be released under fair and reasonable conditions. This early advocacy can have a major impact on the rest of the case.
Preparing for a Bond Hearing
Preparing for a bond hearing is a critical step in protecting your freedom and presenting yourself as a responsible, stable member of the community. The judge’s decision will depend heavily on the information provided, so being proactive can make a real difference. Here are the key steps you and your attorney should take before the hearing.
Hire a Criminal Defense Lawyer Immediately
One of the most important things you can do is retain an experienced criminal defense attorney as soon as possible. Your lawyer can evaluate the charges, gather necessary documents, and develop a strategy to advocate for your release.
Gather Evidence of Community Ties
The court wants to see that you are not a flight risk. Evidence showing strong community ties, including letters from family members, proof of employment, or a history of residence in the area, can help your attorney argue that you are committed to appearing for future court dates.
Obtain Proof of Employment or School Enrollment
Bring recent pay stubs, a letter from your employer, or enrollment verification if you are a student. This shows the judge that you are responsible and have obligations to return to.
Avoid Making Statements to Law Enforcement
Do not discuss the details of your case with police, jail staff, or others while in custody. Anything you say can be used against you at the bond hearing or later in court. Wait to speak until you have legal representation to ensure your rights are protected.
Review Your Criminal History and Prior Failures to Appear
The court will likely review your criminal record and any past missed court appearances. Your attorney should be prepared to address any issues, explain past incidents, and highlight positive changes you’ve made since. Honesty and context can sometimes reduce the weight of prior mistakes.
Can You Be Denied Bond in Georgia?
For most people, there is a path to getting out of jail while awaiting a trial, thanks to the bond system. Unfortunately, there are some cases where the court could deny you any chance at bonding out. The courts will take an array of factors into account when deciding whether or not to deny your bond. They include:
- Public Safety Fears. If you have been charged with a violent crime or major felony, the judge may refuse your bond request by citing public safety concerns. This is common in cases involving homicide or drug trafficking.
- Flight Risk. Judges might also deny your bond if they believe you are a flight risk. The court will consider factors like previously skipping court dates when determining if you are unlikely to appear in court.
- Probation Violations. If you have been released on probation or parole and violated the terms of your release, you could be required to return to jail without the opportunity to bond out.
- Repeat Offenders. Your past history of criminal acts can also impact your bond hearing. You could see your bond request denied if you have numerous past offenses.
Let the Team at Winters Law, LLC Handle Your Bond Hearing
Bond hearings are an important part of the criminal justice process. One benefit of hiring an experienced attorney is that they can handle the hearing and make a strong case for a reasonable bond amount. In some situations, they might be able to have you released without putting up a bond at all.
These hearings are only the first step in what can be a long, drawn-out process. Give yourself the best chance at a positive outcome following an arrest by working with experienced counsel that is committed to you. At Winters Law, LLC, we are ready to serve as your advocate every step of the way. Reach out to schedule your free consultation as soon as possible.