Savannah Bond Hearing Lawyer

If you are facing criminal charges and are arrested, a bond hearing is a hearing that is held before a Magistrate, Municipal Court Judge or Circuit Court Judge to determine whether or not a Defendant will be released on bond prior to his or her court date. These hearings are especially important for those accused of criminal charges. Having strong legal representation at this stage can make a significant difference in the outcome.

Understanding Bond Hearings and Your Right to Bail in Georgia

When you are arrested, either on a felony or misdemeanor charge, you have the right to post bond or participate in a hearing to determine if bond should be posted and the bond amount. The hearing will be primarily used to determine if you are a flight risk or if you pose any harm to the general public. The judge will also take into consideration whether you are likely to try and intimidate witnesses should you be released. The judge’s decision at the bond hearing can have a significant impact on your freedom.

If you are preparing for a bond hearing, Georgia bond hearings attorneys at Jarrett Maillet J.D., P.C. are available to provide you with strategic direction and serve as your legal counsel at the hearing. Judges consider various factors when determining bond, including the nature of the charges and your background. Our Savannah, GA bond hearing attorneys have extensive experience helping people obtain bail and will meet with you in order to learn all the specifics surrounding your arrest and advise you on how best to proceed. Securing your release as soon as possible is crucial to your case and your future.

If you or a loved one has been charged with a crime, you may be kept in custody during the pendency of your case. In Georgia, you have the right to a bond hearing. At this hearing, the court will examine the evidence to determine whether you pose a danger to the public or of intimidating witnesses, whether there is a significant risk you will commit a felony, or whether there is a significant risk you will flee. Legal representation is essential to protect your rights and interests throughout this process. If your bail is denied, you will be forced to remain in jail while your case proceeds.

At Jarrett Maillet J.D., P.C., our Savannah, GA bond hearing lawyers have successfully obtained bail for hundreds of clients facing both misdemeanor and felony charges. We have experience handling serious charges, including homicide, aggravated assault, robbery, and vehicular homicide. As former prosecutors, we know the law, the procedures, and how to make the criminal justice system work for our clients. Your freedom is at stake during these proceedings.

Role of a Defense Attorney in Bond Hearings

A defense attorney is your strongest advocate during bond hearings, working tirelessly to secure your release from jail and to argue for a reasonable bond amount. At a bond hearing, the defense attorney’s role is to present compelling evidence and arguments to the judge, demonstrating that you are not a flight risk and do not pose a danger to the community. By addressing the court’s concerns and highlighting your ties to the area, employment status, and lack of prior criminal history, your attorney can help persuade the judge to grant your release.

Having an experienced defense attorney by your side ensures that your rights are protected and that all relevant evidence is presented in your favor. The attorney will challenge any claims made by the prosecution regarding your risk to the public or likelihood of fleeing, and will work to secure the best possible outcome for you. In Georgia, the difference between remaining in custody and being released often comes down to the skill and strategy of your legal counsel. By hiring a knowledgeable defense attorney, you maximize your chances of being released on bond, allowing you to prepare for your trial outside of jail and avoid unnecessary jail time.

Common Bond Options in the Court System

There are several different kinds of bonds a judge can grant:

• Own Recognizance (OR) or Signature Bond (SOB): With an Own Recognizance bond, a person is not required to put up any type of collateral to secure his or her promise to appear in court. A signature Bond is slightly different. A person is still not required to put up any type of collateral to secure his or her promise to appear in court, but if they fail to do so, they will be required to pay a monetary court fine.
• Surety Bond: A bonding company posts the bond on a person’s behalf. Bonding companies usually charge a fee of around 10-15% of the bond amount before posting the rest to the jail to secure a person’s release.
• Property Bond: In this case, property is used as collateral to secure a person’s promise to appear in court. Valuable assets such as real estate or vehicles can be used as collateral for a property bond. In some cases, a security deposit may be required to secure the bond.
• Cash Bond: With a cash bond, a person pays the bond in cash directly to the jail. If the defendant appears in court as required, once the case is resolved, the money will be returned.

Felony Charges and Bail: What You Need to Know

Facing felony charges in Georgia can be overwhelming, especially when it comes to understanding the bail process. The court has the discretion to grant different types of bonds, such as a surety bond, cash bond, or property bond, depending on the specifics of your case. In many situations, a bail bond company can post bail on your behalf for a non-refundable fee, making it possible to secure your release even if you do not have the full bond amount available.

However, not all defendants are automatically granted bond—if the court determines you are a flight risk or a danger to the community, you may be denied bond and required to remain in jail until your trial. This is why it is crucial to have a defense attorney who understands the criminal justice system and can advocate for a reasonable bond amount. Your attorney will fight for your release, explain your options, and help you navigate the complexities of felony charges, ensuring you have the best chance of being released from custody while your case is pending.

Criminal Defense Strategies for Bond Hearings

A successful bond hearing requires a strategic defense tailored to your unique circumstances. An experienced defense attorney will thoroughly review all the evidence, assess your risk factors, and develop a comprehensive plan to present to the court. By emphasizing your strong community ties, lack of prior convictions, and willingness to comply with court orders, your attorney can demonstrate to the judge that you are a suitable candidate for release.

In state court, your defense attorney may petition for a bond reduction or request that you be released on your own recognizance, especially if the evidence supports your reliability and low risk. Addressing concerns about community safety and your likelihood of appearing for future court hearings is essential. By presenting a well-prepared case and advocating on your behalf, your attorney can help you avoid unnecessary jail time and work toward a favorable outcome in your criminal case. Effective criminal defense strategies at the bond hearing stage can make a significant difference in your ability to fight your charges while out of custody.

Frequently Asked Questions About Bond Hearings in Savannah, GA

When and where does the initial bond hearing take place after an arrest in Savannah/Chatham County?

In Savannah, the initial bond hearing, often referred to as a “first appearance,” typically takes place within 72 hours of an individual’s arrest, excluding weekends and holidays, at the Chatham County Recorder’s Court (or Magistrate Court). This hearing is the critical first opportunity for the judge to formally inform the accused of their charges and, most importantly, determine if bond will be granted and set the amount. For most misdemeanors, a bond may be set based on a schedule, but for serious felonies, the judge must consider specific factors, and a skilled criminal defense attorney’s presence at this immediate hearing is essential to argue for an affordable bond or release on your own recognizance (O.R.).

What specific factors does a Chatham County judge consider when deciding on a bond amount?

When setting bond, a Chatham County judge is required to consider several key factors established under Georgia law to determine the accused’s risk. The main factors are whether the defendant is a flight risk (likelihood of failing to appear in court), whether they pose a danger to the community, the likelihood of committing a new felony, and the risk of intimidating witnesses. The judge will weigh the severity of the alleged offense against your ties to the Savannah community, such as employment history, length of residency, property ownership, and family connections. A defense attorney prepares a compelling presentation of these positive factors to convince the judge that the accused is reliable and should be released pending trial.

What is the difference between an initial bond set by a schedule and a bond motion hearing in Chatham County?

For many minor charges in Savannah, an initial bond amount may be set according to a pre-determined bond schedule by the jail or Magistrate Court, which allows for faster release without an official hearing. However, for serious felonies (like murder, rape, or armed robbery) or when the initial bond is too high or denied entirely, a formal Motion for Bond must be filed with the Superior Court. This motion initiates a separate, contested hearing before a Superior Court judge. This process requires a lawyer to present a comprehensive argument, often with supporting evidence and testimony, to persuade the higher court to grant or significantly reduce the bail amount after the initial denial.

Contact Our Savannah Bond Hearing Lawyer

If you or a loved one is in jail, it is important that you retain a trained advocate who understands the system and can help to secure that person’s release. When a person is being held in jail, our primary goal is to secure their release if possible. Contact the Savannah, GA bond hearing attorneys at Jarrett Maillet J.D., P.C. today at (912) 713-3426 for a free initial consultation if you or someone you know is in jail.