Generally one of the first questions someone asks when a family member is arrested is how do we get a bond hearing. A person charged with a crime will come before a magistrate court judge quickly after being arrested, usually within 72 hours. Georgia law requires this judge to consider certain standards prior to setting a Defendant’s bond, specifically the judge must decide if the Defendant:
- Poses a significant risk of fleeing;
- Poses a significant threat or danger to any person, the community, or to property;
- Poses a significant risk of committing any felony; and
- Poses a significant risk of intimidating witnesses or otherwise obstructing justice.
In cases of Treason, Murder, Rape, Aggravated Sodomy, Armed Robbery, Hijacking, Aggravated Sexual Battery, Aggravated Child Molestation, Aggravated Stalking, Manufacturing or Selling a Controlled Substance, Trafficking of Cocaine, Marijuana, or Methamphetamine the bond determination must be heard by a Superior Court Judge. In some cases Kidnapping, Arson, Aggravated Assault, and Burglary must also have their bonds set by a Superior Court Judge.
The Georgia Supreme Court has held that, although the state must persuade the trial court by a preponderance of the evidence that the accused is not entitled to pretrial release, the defendant nevertheless has the initial burden of showing he poses no significant risk of flight, threat to the community, of committing another offense, or intimidating witnesses.
If your friends or family need legal representation for a bond hearing do not hesitate to call the law offices of Andrew R. Lynch.