I’ve Been Arrested…
You are in handcuffs and headed to the Clayton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. The Clayton County jail is not a good place to be.
What do I do?
First, do not make any statements to the police while you are being transported to the Clayton County Jail.
Second, do not make any statements about the facts of your case to anyone at the Clayton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.
Do NOT talk on the jail phones about the case. All calls at the Clayton County jail are being recorded. Just focus on getting someone to help get you out of jail.
You will need to get paperwork filed with the DA’s office, on a serious felony, for them to pull the file and consider a consent bond.
When is my court date?
If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning.
If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning.
Your loved ones should plan on going to the Clayton County jail about 30 minutes before court starts. The jail is located at 9157 Tara Blvd, Jonesboro, Georgia 30236.
Can I get a bond?
The Clayton County Magistrate Judge is required to consider four factors when setting a bond.
- Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
- Poses no significant threat or danger to any person, to the community, or to any property in the community;
- Poses no significant risk of committing any felony pending trial;
- Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.
Some crimes must go before a Clayton Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Clayton County then the Magistrate Judge cannot set a bond at your initial court appearance. All that will happen at this appearance, is the judge will read the warrants to you and reset your case.
The crimes that are only bondable by a Superior Court judge are as follows:
- Aggravated Sodomy
- Armed Robbery
- Aircraft hijacking and hijacking a motor vehicle
- 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 1 or under Code Section 16-13-26 as Schedule II
- Violating Code Section 16-13-31 or 16-13-31.1
- Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had been previously convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed above.
- Aggravated Stalking
For any of these crimes that are bondable only by a Clayton County Superior Court judge, you will get a court date that will be in the Clayton County Courthouse. The Clayton County Courthouse is located at 9151 Tara Blvd, Jonesboro, Georgia 30236.
What are the types of bonds?
There are several types of bonds available for your case.
- Released to Pretrial Services: Clayton County will sometimes release people on their own recognizance which means that you do not have to put up any money. You will be monitored by Clayton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
- Cash Bond: Another option in Clayton County is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
- Property Bond: Another option in Clayton County is to post a property bond. In order to post a property bond, you would need to speak to the Clayton Sheriff’s office. They generally will require a warranty deed, a current tax statement showing the property’s fair market value as well as a statement showing all taxes are current. You generally need double the bond amount in equity.
- Bail Bondsman: The final option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The Clayton County jail will provide you with a list of approved bonding companies.
If you or your loved one is arrested and taken to the Clayton County jail, please contact us any time and we can assist you in helping get a bond set.
Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com
Call us anytime 24/7. We will have an attorney at your bond hearing the following morning.