At W. Scott Smith P.C., we specialize in criminal defense and understand how overwhelming an arrest can be. Whether it’s a minor offense or something more serious, knowing what to expect can help ease the stress for you or your loved one. In this post, we’ll break down the initial steps following an arrest in Georgia, focusing on bond procedures for misdemeanors and felonies. Our goal is to provide clear, straightforward information based on how the system typically works in the metro Atlanta area.

 

The Immediate Aftermath of an Arrest

When someone is arrested, they’re typically taken to a local jail for booking. This involves fingerprinting, photographing, and entering details into the system. From there, the focus shifts to securing release through bail or bond while awaiting further court proceedings. The type of charge determines the bond process:

Minor Misdemeanors: These often have preset bonds, meaning you can post bail quickly without seeing a judge. Examples include simple traffic violations or disorderly conduct. Preset bonds allow for faster release, sometimes within hours.

Certain Misdemeanors, Such as Domestic Violence: These require an appearance before a magistrate judge. The judge reviews the case to set special conditions, like no contact with the victim, to ensure safety. This step adds time but is crucial for addressing potential risks.

All Felonies: You must appear before a magistrate judge for a first appearance hearing. The judge will determine if bond is appropriate and set the amount. Some serious felonies may require approval from a superior court judge, which can extend the process.

 

The full list offenses you must go in front of a Superior Court Judge or a Judge sitting as a Superior Court Judge by designation includes:

• Treason
• Murder
• Rape
• Aggravated sodomy
• Armed robbery
• Home invasion in the first degree
• Aircraft hijacking and hijacking a motor vehicle in the first degree
• Aggravated child molestation
• Aggravated sexual battery
• Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II
• Violating Code Section 16-13-31 or Code Section 16-13-31.1 (e.g., trafficking in cocaine, illegal drugs, marijuana, or methamphetamine)
• Kidnapping, arson, aggravated assault, or burglary in any degree, if the person at the time of the alleged offense had previously been convicted of, was on probation or parole for, or was on bail for kidnapping, arson, aggravated assault, burglary in any degree, or one or more of the offenses listed above
• Arson of a law enforcement vehicle under Code Section 16-7-60.1
• Aggravated stalking
• Violating Code Section 16-5-46 (trafficking of persons for labor servitude or sexual servitude)
• Violations of Chapter 15 of Title 16 (the Georgia Street Gang Terrorism and Prevention Act)

Georgia law mandates that authorities bring an arrested person before a first appearance judge within specific timeframes: 48 hours if arrested without a warrant, or 72 hours with a warrant. This “first appearance” is where bond is often addressed.

How to Check for a Preset Bond

If you’re unsure whether a bond is preset, start by contacting the magistrate criminal court in the county where the arrest occurred. They can provide details on bond status and amounts. Alternatively, you can call the jail directly, as the sheriff’s office bonding division handles release procedures.

To make this easier, we’ve compiled contact information for the magistrate court criminal divisions and sheriff’s office bonding divisions across metro Atlanta counties (Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale). Use these numbers to get the most up-to-date information.

Magistrate Court Criminal Division Phone Numbers

County        Phone Number

Cherokee     678-493-6431

Clayton      770-477-3444

Cobb         770-528-8917

DeKalb       404-294-2150

Douglas      770-920-7540

Fayette      770-716-4230

Forsyth      770-781-2211

Fulton       404-613-5360

Gwinnett     770-619-6720

Henry        770-288-7700

Rockdale     770-278-7800

 

Sheriff’s Office Bonding Division Phone Numbers

County        Phone Number

Cherokee     678-493-4200

Clayton      770-477-4400

Cobb         770-499-4255

DeKalb       404-298-8195

Douglas      770-942-2121

Fayette      770-716-4720

Forsyth      770-781-2222

Fulton       404-612-5131

Gwinnett     770-619-6500

Henry        770-288-7100

Rockdale     770-278-8204

 

Next Steps and Tips

Once bond is posted—via cash, property, or a bondsman—the person is released with conditions to follow, such as attending all court dates. Failing to appear can result in bond forfeiture and additional charges. If the case involves special conditions (e.g., no victim contact), violating them could lead to rearrest.

Remember, every case is unique, and timelines can vary based on the county, charge severity, and jail backlog. If you’re facing difficulties with the bond process, such as denials or high amounts, professional legal help is essential to argue for reasonable terms.

If you’re dealing with an arrest and need assistance navigating the system, don’t hesitate to reach out to our team at W. Scott Smith PC. We’re here to help 24/7—call us at 404-581-0999 or visit www.peachstatelawyer.com for more information.