Did you know that Justin Bieber appeared in front of a Miami judge for a bail hearing after being arrested for drag racing and driving under the influence? He was clocked at around 60 mph in a 30 mph zone. The judge set his bail at $2,500.
Whether you a famous celebrity or a person who just made a mistake, you are entitled to a bond hearing. The more you learn about bond hearings, the better prepared you can be.
What is a bond hearing? Read on to learn more about bond hearings in Georgia and what you can expect on the day. Bail bond services near me.
What Is a Bond Hearing? Is It the Same as a First Appearance?
A bond hearing in Georgia takes place if you get arrested and charged with a crime. First, you will be taken to jail until your hearing. Remember to remain calm at this point because you will have a chance to get bail.
For minor crimes, your bail amount is based on a schedule of bonds. For more serious crimes, you will need to go to a judge who can grant you bail. This is called a “bond hearing” or a “first appearance.”
This will generally be your first appearance in court after being arrested. You can get the chance to leave jail temporarily on bail as long as you:
- pay a certain amount
- attend all hearings
A judge will look at your case and decide whether you are a flight risk. The goal of bail is to allow you to work with your lawyer and prepare for your hearing without being stuck behind bars. If the judge thinks that you will leave the country to avoid the hearing, then they won’t grant bail or increase the bail amount.
What Is Bail or Bond?
The judge determines the bond or bail amount. This is the amount you have to pay to the court to be able to leave until your hearings. If you come back for all your hearings, you will get that money back.
If you don’t have the money, you can get a bail bonds agency to front you the money. You will have to pay a fee for that service that is non-refundable. You can also use real estate as collateral or get a loan from family or friends.
When Will Your Bond Hearing Take Place?
A bond hearing will be held within 72 hours of your arrest. You will appear before a magistrate judge, and they will set your bond amount.
In certain cases, the magistrate is not allowed to set your bond. You will need to file a motion with a superior court judge, which is a higher-level court. This is usually the case for more serious crimes like murder, kidnapping, or rape.
Once you file the motion in Superior Court, the bond hearing will take place within 10 days. This will give you time to prepare evidence to show that you are not a flight risk or a danger to the community.
What Happens at a Bond Hearing?
You will be in front of a magistrate judge who will tell you what you are charged with. They will explain that you have the right to a lawyer. Once you are made aware of your rights, the judge will set a bond amount.
No Probable Cause
The law enforcement officers who arrested you will have to come and provide their facts of the case. The court will decide if they have probable cause. If the courts find no probable cause, then you will be released with a “ROR” or “release on one’s own recognizance”.
If there is probable cause, then the court will look at different factors to determine your bond amount. Some factors include:
- Past history of missing hearing dates
- Past history of violating probation
- Dangerous behavior
- The seriousness of the crime
- Ties to the community
Ties to the community include family, business, employment contract, and the property you own. You can support your bond hearing by ensuring you have evidence showing your ties to the community.
The courts use this information to determine whether you are a flight risk. They want to make sure you are committed to attending the hearing because of your roots in the community.
Once you show your evidence, the prosecution will try to argue the opposite. After hearing the evidence, the judge will decide whether there is enough evidence to keep you in jail. If there is a sufficient amount of evidence against you, a judge can grant you bail, but at a higher amount.
Bond Hearing Questions
The first question the judge will consider is whether you are a flight risk. Based on your past behavior and other factors, are you the kind of person that will come back to court?
Another question is whether you are a danger to the community. If you are let out, will you harm others? This will be partly based on the seriousness of your crime and past behavior.
The judge will also consider whether you will go and commit more crimes if let out. Do you have a track record of crimes? Finally, the judge will consider whether there is a serious risk that you will intimidate or hurt witnesses that will testify at trial.
What Happens After a Bond Hearing?
Once you know your bond amount, you have to find a way to pay it. You will have release conditions to follow such as making sure that you don’t commit any new crimes. You will also have to agree to stay away from potential witnesses.
If you violate the conditions, your bail will be revoked. This means that you have to come back to court until your trial.
Can Your Bond Be Denied?
Yes, your bond can be denied. In this case, you will have to go back to the judge and request a new bond hearing. In some cases, you can appeal to a higher court.
There are many factors that the judge will look at to deny your bond including if they think you are dangerous or your past history of failing to attend court. An experienced bond attorney lawyer can help you navigate the law and advocate on your behalf.
But how many bond hearings can you have? It depends on every situation. In most cases, a single bond hearing is enough to set your bail amount. There are certain situations where you may need a second hearing
For example, if the bond is too high, you can request a hearing to reduce your bond amount. Where your bond is denied, you can request another bond hearing.
Get Your Free Evaluation With a Bond Hearing Attorney Today
If you were asking “what is a bond hearing”, you have your answer now. You know exactly how a bond hearing takes place, so there won’t be any surprises. As you go in front of a judge, you may want to have an experience bond hearing attorney by your side to avoid any unexpected surprises.
Contact us today and get your free evaluation. Unlike other firms, we will be honest and upfront with you about your case and our chances. Together we can make a difference in your bond hearing and the ultimate result of your case.
Jarrett Maillet J.D., P.C.
210 E 31st St
Savannah, GA 31401