Savannah Bond Hearing Lawyer

Savannah Bond Hearing Attorney

Bonds are an important component of the criminal justice system in the state. When a person is arrested and charged with a crime, they may be held in custody until their initial court hearing. With a bond, the defendant is released from custody under the condition that they meet specific bond requirements and appear for their court date. Bond hearings are sometimes necessary, and a Savannah bond hearing lawyer can provide support and advice for this process.

If a person is charged with an offense and is held in police custody, they may need to post bail or obtain a bond to be let go. Shortly after the arrest, the defendant must appear in court for a bond hearing, which determines the bail amount and other terms for release. If you find yourself in this position, you should consider hiring a Savannah bond hearing lawyer to ensure you will be released from jail and reunited with your loved ones.

What Types of Crimes Warrant a Bond Hearing in GA?

There are certain crimes where a defendant can only be released on bail before a superior court. These include serious, first-degree crimes such as rape, treason, murder, selling or manufacturing controlled substances, and kidnapping. All other crimes, which tend to fall under a misdemeanor, are bailable by a court of inquiry.

Common crimes requiring a bond hearing lawyer are drug crimes, sex crimes, some violent crimes, or theft. The bail amount varies depending on the severity of the crime and the criminal history of the accused.

What Is Involved in a Bond Hearing?

Bonds are guaranteed by the US Constitution, and in Georgia, by Georgia’s Constitution. Typically, the bail amount is set immediately after the arrest takes place, and the defendant can either have someone post bail in cash or with property or have a bail bond company post bail on their behalf. Generally, the defendant posts bail and is released immediately, but if they are unable to make bond within 72 hours, they must appear before a judge who sets the amount.

Involved in the bond hearings are the defendant, the bond hearing lawyer, court personnel, and of course, the judge. Victims tend to not appear for the first appearance bond hearing because they are routine.

Helping Savannah, GA, Clients With Bond Hearings

New South Law, LLC, provides comprehensive defense counsel for individuals facing bond hearings in the Recorder’s Court of Chatham County. Our team has successfully assisted past clients in securing various types of bonds, and successfully obtaining a bond often requires the completion of a bond hearing. This process can be daunting, and our team will do everything we can to help you secure bond release.

The attorneys at New South Law, LLC, have a diverse range of professional experience, including military criminal defense, public defense, capital defense, and federal criminal defense. This variety of experience enables our team to deliver a higher level of defense counsel than most other defense attorneys in the area can offer. Bond hearings can be pivotal moments in any criminal case that requires the assistance of experienced counsel.

A bond hearing is essentially the defendant’s first opportunity to cultivate a positive impression with the court, and the outcome of this hearing can mean the difference between remaining in police custody until their hearing or having the freedom to leave custody under certain conditions. With our assistance, you can feel better prepared for the bond hearing and significantly increase your chances of securing approval for release.

How Does the Bond Hearing Process Work in Savannah?

The bond laws of Georgia require a defendant to have a bond hearing within 72 hours of arrest. The purpose of this hearing is for the judge to determine whether the defendant poses any type of danger should they be released from custody. Some defendants will be forced to remain in custody until their preliminary hearing, during which the court will decide whether the case will move forward or be dismissed.

During the bond hearing, the judge will assess whether the defendant poses any risk of committing another crime, intimidating or harming witnesses, or if they pose a danger to the public. The judge will also take the charges against the defendant into consideration. Some defendants may not be considered for bonding due to the severity of the charges against them, their actions during arrest, and other aggravating factors in their case.

If the defendant is denied bail, they will be compelled to remain in custody until their preliminary hearing. The team at New South Law, LLC, has the experience needed to guide you through the bond hearing process, provide strategic advice for making a strong case before the judge, and ultimately assist you in navigating this difficult initial step of your case as fluently as possible.

Understanding the Types of Bonds in the State

During a bond hearing, the judge will not only determine whether the defendant is a viable candidate for a bail bond, but they will also decide what type of bond is most appropriate. There are various types of bonds that are issued based on the specific details of the case, the defendant’s criminal record, the severity of the charges against them, and other factors:

• A signature bond or own recognizance bond does not require the defendant to put up any collateral to secure their bond. These types of bonds function similarly; however, a signature bond means that if the defendant does not appear for their court date, they will face a fine. These bonds are generally only available to individuals who are charged with nonviolent offenses and have little to no criminal history.
• Surety bonds are posted on the defendant’s behalf by a bonding company. The company will typically charge a fee equal to a percentage of the total bond amount and then post the remainder of the cost of the bond on the defendant’s behalf. The company faces liability for the total bond amount if the defendant does not appear for their court date, and this can lead to additional charges for the defendant.
• Property bonds require the defendant to use collateral to secure their release from custody. Essentially, the court holds this property in escrow until the defendant appears for their court date. As long as they appear, the property is then returned to the defendant. If they do not, the court seizes the property. The amount of property that must be put up as collateral is usually worth at least twice the bail amount.
• Cash bonds are paid directly to the court by the defendant. As long as they return for their court date, the amount paid is returned to them. If they do not appear for their court date, they will forfeit the cash paid and will likely face additional charges for failure to appear.

It is important to understand that a bond hearing is not an opportunity to prove one’s innocence or argue against the charges filed against the defendant. The purpose of this hearing is for the judge to decide whether it is safe to release the defendant from custody and, if so, to set conditions to ensure the defendant returns for their court date. Bond release alleviates jail congestion, but a judge must ensure that any such release does not pose a threat to the public.

Not only must the judge decide whether a bond is appropriate, but they must also decide which type of bond is most appropriate. Generally, the severity of the offense and the defendant’s criminal record are the most important variables in this decision. For example, a defendant charged with a nonviolent offense who has no criminal record may qualify for a signature bond or own recognizance bond, but a defendant charged with a violent felony would likely not.

Types of Rulings in a Bond Hearing

At the bond hearing, there are four main types of rulings that can be granted:

1. Release on own recognizance. If a defendant is released by their own recognizance, they can get bail without paying a bond. Still, the defendant must sign a written statement promising to appear in court and must also abide by certain requirements to avoid jail.
2. Personal bond. In this case, the defendant can be released if they sign a bond promising to appear in court. If the defendant fails to appear, they can face criminal or civil charges.
3. Bail set with terms of release. If a defendant posts bail, either independently or through a bail bond company, they can be released from jail. However, they may have to agree to certain terms, such as not appearing at the victim’s school or place of work.
4. Denial of bail. Not all persons accused of a crime will be released by bail or by bond. Sometimes, the judge denies bail for a multitude of reasons.

Hiring a Bond Hearing Lawyer

There are situations where posting bail and being released is favorable for the defendant, and there are other situations where the defendant will be denied bail. If the defendant has no prior criminal history, has a low likelihood of fleeing, or has ties to their community, they have a higher chance of posting bail and being released.

On the other hand, if the person has a criminal history, is a flight risk, or is a risk to the public for committing further crimes, they may not make bail. The judge determines the bail amount based on these factors. If the risk is low, the bail amount tends to be low, but if the risk is high, the bail amount will likely be high.

This is why it is wise to hire a bond hearing lawyer to help you with your case. A bond hearing lawyer can argue your case, proving why you deserve to be released on bond pending your trial. A bond hearing lawyer can also negotiate the bond or bail amount with the judge.

What Happens During a Bond Hearing in Savannah?

A bond hearing is a relatively straightforward court procedure, but it is important for the defendant to come prepared. During the hearing, the judge will read the charges against the defendant and ask the state to recommend a bond amount. The state prosecutor will then make their argument, stating whether they believe a bond is appropriate and, if so, what amount is most suitable for the situation.

For very serious crimes, the judge will not be permitted to release the defendant on bail. It is also possible for the severity of the offense to lead to a very high bail amount, sometimes in the tens of thousands or even hundreds of thousands of dollars. For less serious crimes, the main determining factors as to whether the defendant can qualify for a bond release will be the severity of their offense, whether they’re a flight risk, and whether they pose a danger to others.

What to Expect From Your Savannah Bond Hearing Lawyer

Facing any type of criminal charge can be daunting, and you are likely to have many questions about your rights during the bond hearing process. You may worry about being forced to remain in custody until your preliminary hearing, and this could take months in some cases. Having the right Savannah bond hearing lawyer representing you is a tremendous asset when it comes to your impending bond hearing.

The team at New South Law, LLC, can meet with you immediately after your arrest. You have the right to a bond hearing within 72 hours of arrest, and it is important to capitalize on this opportunity as swiftly as possible to potentially reduce the amount of time you must remain in custody. You need to connect with a reliable Savannah bond hearing lawyer as quickly as possible after your arrest to have the greatest chance of a positive outcome to your bond hearing.

Your Savannah bond hearing lawyer can review the details of your case and help you determine your greatest challenges and opportunities when it comes to qualifying for bail. The lawyers at New South Law, LLC, have extensive experience defending clients from all types of criminal charges, and we are confident in our team’s ability to quickly assess a client’s greatest strengths when it comes to arguing for bond release.

Our firm can also provide robust criminal defense representation for all your impending proceedings. If you have been charged with a crime in Savannah, your bond hearing is just the first of many courtroom appearances you will need to make in order to resolve your case, and you need to work quickly to secure defense counsel and start building your defense. We can assist you through every stage of your case with unwavering support.

New South Law, LLC, draws upon a wealth of professional experience in many areas of law that we can leverage for you. We have successfully defended many clients from citations, misdemeanors, and felonies and can help you prepare for your impending bond hearing in the Recorder’s Court of Chatham County. Contact our firm today and schedule a consultation with a Savannah bond hearing lawyer to learn how we can help.

FAQs

How Does a Bond Hearing Work in Georgia?

When a person is accused of committing a crime and is held in police custody, they must post bail or make bond to be released. A bond hearing determines if the defendant will be released from jail pending their trial. The judge will notify the accused of the charges against them, and if the judge determines that the accused will not flee or further endanger the public, they may be released on bail.

How Often Must Bond Hearings Be Held in in Georgia?

There is no limit to how often bond hearings must be held in Georgia. Bond hearings are held every day, including weekends and holidays in Georgia. All crimes, except crimes that must be seen before a superior court, may have a bond hearing. Bond hearings are typically held in the county court.

How Long Does a Bond Hearing Last in in Georgia?

The length of time it takes for a bond hearing in Georgia varies depending on the charges involved and the level of cooperation of the defendant. If the case is more complex, the bond hearing can last longer, if it is not, it could be shorter. In any case, the bond hearing typically occurs within 24 to 48 hours of the arrest.

How Does a Lawyer Help in a Bond Hearing?

Bond hearings are routine proceedings that ensure fair treatment of the defendant. However, having a bond hearing lawyer is helpful to ensure the defendant makes bail. A lawyer can argue on behalf of the defendant, convincing the judge their client is not at risk for fleeing and that they are a positive member of their community. A bond lawyer can also negotiate the bail amount, ensuring it is fair and reasonable for the defendant.

A Savannah Bond Hearing Lawyer Ready to Help

If you or a loved one have been arrested for a crime, you must either post bail or make bond. A bond hearing will determine the bail amount and whether your bail is denied or affirmed. At New South Law, LLC, we take an innovative approach to defending you at your bond hearing. Contact us today for a free consultation.