Superior Court Only Bonds in Georgia
In the legal fields, bonds play a crucial role in ensuring the fair administration of justice and the protection of individual rights. One specific type of bond that holds significance in Georgia's legal system is the "Superior Court Only Bond." This instrument serves as a financial assurance that an individual accused of a crime will fulfill their obligations to the court while awaiting trial. Let's delve into the intricacies of Superior Court Only Bonds in Georgia, exploring their purpose, process, and significance.
About Superior Court Only Bonds
A Superior Court Only Bond, as the name suggests, is a type of bail that is exclusively applicable to cases that fall under the jurisdiction of the Superior Court in Georgia. Superior Courts handle a wide array of criminal cases, including felonies and serious misdemeanors. The primary purpose of these bonds is to secure the defendant's presence at trial while also upholding their rights and facilitating their access to a fair legal process.
In most cases, the magistrate court has the authority to set a bond. However, in certain situations, only a superior court judge can set the bond. As a result, bond will not be automatically set after an arrest. Your Georgia lawyer must file a motion for bond in Superior Court. Unfortunately, it can then take several weeks to get a hearing before the Superior Court. During this time, the accused will remain in jail until there is a hearing. Your lawyer can also seek a consent bond through negotiations with the District Attorney assigned to the case. If the DA agrees to bond, then that consent bond order can be presented to a Superior Court judge without having to wait on a hearing date.
O.C.G.A. §17-6-1 outlines the situations where only a Superior Court Judge can set bond, including:
- Aggravated sodomy
- Armed robbery
- Aggravated child molestation
- Aggravated sexual battery
- Aggravated stalking
- Trafficking in cocaine or marijuana
- Kidnapping, arson, aggravated assault, or burglary if the person had previously been convicted of or on bail for one of those offenses or any of the other listed offenses.
The Process of Obtaining a Superior Court Only Bond
The process of obtaining a Superior Court Only Bond involves several key steps. When a person is arrested and charged with a crime that falls under the jurisdiction of the Superior Court, they are taken into custody. Subsequently, a bond hearing takes place, during which a judge assesses the individual's eligibility for bond and determines the appropriate amount. Factors such as the nature of the crime, the defendant's criminal history, ties to the community, and flight risk are considered in this evaluation.
Once the judge sets the bond amount, the defendant can choose to post the full amount in cash, or they can seek the services of a bail bondsman. A bail bondsman is a professional who specializes in providing bail on behalf of the defendant, charging a percentage of the total bond amount as their fee. For Superior Court Only Bonds, the typical fee is about 12-15% of the bond amount.
Contact Us Today
If you have been charged with a crime that requires a Superior Court bond, contact our Georgia Defense Lawyers today. With over 50 combined years of experience, our attorneys thoroughly understand the criminal process and how to ensure your rights are protected throughout. Call now for a free case evaluation.