Arrested & need a bond? What to do after being arrested for Aggravated Assault, Simple Battery or Domestic Violence…
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Been arrested and need a bond?
The first thing that happens after an arrest – you need to get a bond granted by a judge so that you can get out of jail. Many people don’t realize what all happens after an arrest. Review on the background of a bond can be viewed on our website here: What is a bond?
It’s bad enough that defendants are facing more time in custody because, as the courts say, “they are dealing with the large number of people that are being arrested.” What is more aggravating – You appear before the judge and the judge gives either a bond that really isn’t fair or does not issue a bond at all.
There are certain types of crimes that require you to go in front of a Superior Court Judge, and a superior court judge ONLY, in order for a bond to be granted by the court. These more serious crimes, as defined in O.C.G.A. 17-6-1, REQUIRE a ruling from a superior court judge, who considers certain factors (referred to as the Ayala Factors) in order to be considered for a bond. The only way this type of hearing occurs happens when Defendant files a motion for bond with the court. This motion is NOT filed for the defendant.
What about misdemeanor charges? These types of charges do not require the assignment by a superior court judge and can be granted by a magistrate court judge. There is more to these bonds than judge “getting them granted.” If you go to court and face the judge and prosecution without the assistance of a good attorney, you may get some terms and conditions granted that are either unfair OR inappropriate. Want an example? How about someone who is arrested for Battery, Simple Battery, Domestic Violence, Aggravated Assault and can no longer return home or have contact with their spouse because the court deemed it too dangerous since the spouse was the one who reported the battery/Domestic Violence. The court will err on the side of caution and simply grant a bond but with a condition of no contact with the victim in the case and no return to the scene of the incident.
With an attorney- an argument would have been presented to the judge as to why that condition on the bond is inappropriate if the Defendant had retained an attorney for representation at the bond hearing. Want another example, even though there is no criminal history for the Defendant, the judge still denies bond because of the seriousness of the charge. An example of one such charge is Computer or Electronic pornography. The court takes this charge very seriously to the point that the court will assume the Defendant will reoffend and will not issue a bond. When this decision is made, however, it is typically not fair to the defendant as the Judge has only input from the officer who is requesting the warrant and/or the prosecutor who may be supporting that request. Both of these examples are a keen reason to seek the help of and retain a defense attorney.
Of course there are facts to every case where bond will need to be argued in order to get a judge to grant a bond. Just like all situations are different, every defendant’s history and their “story” is also different. Each situation is different from the other and requires an evaluation of all the information in order to properly mount a good argument to get the court to grant a bond.
Have you or a loved one been arrested and need a bond? Although you don’t have to hire an attorney, an experienced attorney may be able to help you or a loved one get a bond granted so that you can get back to life while the court “gets around” to your case.
Every case is different because no two sets of facts are the same. We can help with the proper application of not just the law but also case law and our experience to your situation surrounding your case and provide you a properly crafted argument for YOUR bond hearing.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
