Bail Bonds in Georgia

The trial court must explain its reasons for denying bond to assist appellant review. Lane, 247 Ga. at 389. The granting or denial of bail will not be set aside unless there is a manifest and flagrant abuse of discretion. Jernagin v. State, 118 Ga. 307, 308 (45 SE 411) (1903).  The defendant has the burden of coming forward initially with evidence to show that he or she poses no significant risk of fleeing, threatening the community, committing another crime, or intimidating a witness. This burden of production means that a person charged with murder must present evidence at the bond hearing on factors that indicate roots in the community. To meet the Defendant’s burden of producing evidence, the “evidence must be such that a reasonable man could draw from it the inference of the existence of the particular fact to be proved.” McCormick On Evidence, § 338 (E. Cleary 3d ed. 1984). An example of some of the factors the Court should consider are the defendant’s length and character of residence in the community, employment status and history, past history of responding to legal process, and prior criminal record. See Lane, 247 Ga. at 388, n. 2. Once the defendant meets the burden of production, the state may present evidence to rebut it. Placing the burden of production on the defendant is fair because the accused is the best source of information on his or her community ties.

In the State of Georgia, unlike many other states, the presumption of innocence has always remained with the person accused of a criminal offense or even capital offense like murder, even during the trial. Vanderford v. Brand, 126 Ga. 67, 70 (54 SE 822) (1906). “The most fundamental premise of our criminal justice system is that a person ought not to be punished for a criminal offense until the state demonstrates guilt beyond a reasonable doubt.” 2 ABA, Standards for Criminal Justice 10-1.1 comment (1980). “Unless [the] right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning.” Stack v. Boyle, 342 U. S. 1, 4 (72 SC 1, 96 LE 3) (1951).

To protect this presumption of innocence, the Georgia Supreme Court has held that the state has the burden of persuasion in convincing the superior court that a defendant is not entitled to pretrial release. This requirement means the state has the burden of proving by a preponderance of the evidence that the trial court should deny bail either to secure the defendant’s appearance in court or to protect the community. Depending on the quality of the defendant’s evidence, the state may not need to present any evidence to carry its burden of persuasion. Other states and the Federal Bail Reform Act, 18 USC §§ 3146-3152, place a similar burden of proof on the government.

The judge has very wide discretion in what monetary value to assign to a bail bond for a criminal defendant. Once you are granted a bond by a Judge in a specific monetary amount generally you can pay cash in the full amount of the bond, you can put up property as collateral for a bond as long as you have three times the equity in your property as the bond amount, or you can hire a professional bail bonding company. Most sheriff’s departments will list on their websites the companies that are approved to put up a bond for you. If you hire a professional bail bonding company, they will generally charge a 12% premium or fee on your bond which they will keep even after your case is over.