What to do if arrested for Possession of Drugs or Possession with Intent in Fulton County

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If you are arrested for any drug offense in Fulton County, do not make any statements to the police. You will be taken to the Fulton County jail at 901 Rice Street. You will be on the first appearance calendar the following morning at 11:00. It is important to have an attorney for this court appearance.

At your first appearance hearing, the Magistrate Court judge will review the facts in the warrant and your criminal history and will decide whether to issue you a bond or not. There are a few options regarding bond. The first is they may give you an unsecured judicial release and make you report to pre-trial services. This allows you to get out of jail without paying any money. The next option is to give you a regular bond where you would have to go through a bonding company to be released. The final option is that they deny your bond. In Fulton County, in most drug cases, bond is set at first appearance.

Once you are released from the Fulton County jail, please ask any person who was with you that night to write out a statement of what they remember happening the night of the arrest. This could be helpful in preparing for the motions hearing and trial in Fulton County. It is also important for you to write out a statement of anything you remember regarding the incident. Only give this statement to your attorney.

It is important that you hire an attorney quickly as there are tight deadlines on filing a Motion to Suppress which is a constitutional challenge to the drug evidence. Most drug cases are either won or lost at the Motions hearing. If you wait too long, you will be unable to file a Motion to Suppress.

Being convicted of a felony drug offense in Fulton County carries many consequences, including, but not limited to, a felony drug conviction on your record, loss of gun rights, loss of voting rights and has a detrimental impact on your securing a loan from a bank or employment.

You are welcome to call us 24/7 at 404-581-0999 and we will be there with you for your First Appearance hearing at the Fulton County jail.

Armed Robbery in Atlanta/Fulton County, Georgia

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By: Mary Agramonte

            Armed Robbery occurs when someone takes property from someone by use of a weapon, device, or a replica weapon. It is treated seriously under Georgia law in that it is a “capital felony.” A capital felony is a crime that is punishable by life or death in the State of Georgia. This blog lays out the criminal justice process for someone who has been arrested for Armed Robbery in Fulton County.

            The first thing that happens after someone is arrested for Armed Robbery in Fulton County is that they will see judge in their First Appearance hearing. This typically occurs within 48-72 hours of the person being arrested, depending on whether or not there was an arrest warrant., and it occurs at the Fulton County Jail at 901 Rice Street in Atlanta. At the First Appearance hearing, a Fulton County Magistrate Judge will read the charges to the suspect, as well as inform them of their right to counsel and right to remain silent. In some types of cases, bond can be considered at a First Appearances hearing. However, in Armed Robbery cases, the procedure is different. This is because only Superior Court Judges can hear bond arguments for the crime of Armed Robbery. This means unless the First Appearance Judge is “sitting in designation” then a bond will not be set or considered at the onset of arrest at the initial hearing.

Following the arrest and First Appearance hearing in Armed Robbery case in Fulton County, an attorney will need to file a request for a Probable Cause and Bond hearing. This hearing will determine whether or not there is enough evidence to even prosecute you for Armed Robbery. If there is not, the charges can get thrown out at this stage. If the Judge does find probable cause that an Armed Robbery had occurred and you were the person who did it, or was a party to it, then the Judge “binds the case over to Superior Court” since that is the court with jurisdiction to proceed over the case. Once in the Fulton County Superior Court, the Judge can consider whether or not to release the person on bond.

The court may release a person on bond if the court finds that the person:

(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;

(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;

(3) Poses no significant risk of committing any felony pending trial; and

(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

These are known as the Ayala factors in Georgia based after the case that laid out our standards in bond determination. Ayala v. State, 262 Ga. 704 (1993).

If a bond is granted, there may be certain conditions attached. For example, the Judge may order you to have a curfew, or stay away from the alleged victim in this case.

The Armed Robbery case will then proceed with an Indictment, and later an Arraignment court date where a Not Guilty plea is entered and Motions are filed on. Throughout the case, your defense attorney will engage in Plea Negotiations with prosecutors from the Fulton County District Attorney Office. During this process, the defense attorney will do intensive investigation to the facts and defenses of the case and represent client’s interests zealously.

There are several defenses to Armed Robbery cases in Fulton County and throughout the State. First, if you were only present at the time it occurred, and you did not share the same criminal mentality of the co-defendants, then you cannot be guilty of Armed Robbery.  Simply being there when an armed robbery occurs is not a crime. The State still has to prove criminal intent beyond a reasonable doubt.

You can be charged with Armed Robbery as being a Party to a crime law in Georgia means that you can be convicted and sentenced as if you directly committed the crime- even if you did not directly commit the crime.  You can be charged with Party to a Crime to Armed Robbery if you:

1. Commit the crime

2. Intentionally aid or abet in the commission of the crime;

3. Intentionally advises, encourages, or counsels another to commit the crime.

This means you can be charged, convicted, and sentenced to Armed Robbery in Fulton County if the State proves you encouraged the person to commit the crime, or if you provided them with the weapon, whether it be fake or not. All of this must be proven beyond a reasonable doubt, a very high standard in our Justice system.

Sentencing in Armed Robbery

As previously discussed, the stakes are high in Armed Robbery given a life or death sentence is allowed in Georgia law. Additionally, it has a mandatory minimum sentence of 10-20 years in prison. This is why it is imperative to move quickly in obtaining an Armed Robbery attorney early on to establish defenses and thoroughly investigate the case. The lawyers of W. Scott Smith are available 24/7 to answer you questions via a FREE CONSULTATION on Armed Robbery charges in Fulton County and throughout the State. 404-581-0999

How to Post a Cash Bond at the Fulton County Jail

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If your loved one is in the Fulton County Jail with a bond posted, here is how you can post a cash bond to get them released. 

  1. Go to the jail with your UNEXPIRED license/identification card (must be over the age of 18) and the amount required on the posted bond in EXACT CHANGE. To get the exact amount with all the additional fees included, you can call the jail beforehand with the inmate’s name and date of birth. You can also check the bond amount at www.cashbondonline.com
  • Once the jail has verified your identity and the payment has been received, the jail will start the release process. This process can take from a couple minutes to a couple hours because the process depends on a lot of factors such as their workload and checking for any holds. 
  • As long as there are no holds on the inmate, the payment will secure the release of the inmate. 
  • The bond amount paid will not be returned to you until the entire court case for the defendant is over.

Link to the Fulton Bonding Website: http://www.fultonsheriff.org/bonding-agencies.html

Georgia Criminal Law – Family Violence Battery in Fulton County

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A conviction for Family Violence Battery in Georgia can have consequences that go far beyond a conviction for other misdemeanors.   For some clients, this is their first interaction with law enforcement and their concerns include: jail time, a permanent mark on their criminal history, and the possibility of trial.   All of these concerns are very real when facing Family Violence Battery charges. This is especially true when charged with Family Violence Battery in Fulton County. This article aims to explain the nature of the offense, punishments, and how these cases are handled within Fulton County.

The Offense

Georgia Criminal Code § 16-5-23.1 defines domestic violence (named “battery – family violence”) as whenever a battery, an intentional physical harm or visible bodily harm, is committed against “past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.”

Therefore, in order to be charged with Family Violence Battery, the alleged victim must be within a certain relationship of the defendant:

  • A spouse
  • Persons who are parents of the same child
  • Children
  • Step-Children
  • Foster Children
  • Other persons living in the same household (roommates)

Punishment

A first conviction for Family Violence Battery is a misdemeanor that carries a maximum penalty of 12 months in custody and a $1000 fine.  A second or subsequent conviction with the same family member (as classified above) or another family member results in a felony conviction with a maximum penalty of five years in prison.   O.C.G.A. 16-5-23.1.

While a first lifetime conviction of Family Violence Battery appears to be just a misdemeanor, there are several collateral consequences unknown to most people.  For example, because Georgia’s classification of Family Violence Battery falls within the Federal definition of “domestic violence,” a Georgia citizen who is convicted of Family Violence Battery is prohibited from possessing a firearm under Federal Law.

Furthermore, while the maximum penalty includes 12 months in custody and a $1,000 fine, many judges throughout the State will also require individuals convicted of Family Violence Battery to serve time on probation (in lieu of jail time), but with the conditions of completing a domestic violence program.  These programs go by several different names (usually Domestic Violence Intervention Program – DVIP), but they generally include 24 weeks of classes, counseling, and program fees that are not included in the fine ordered by the judge.  In addition, judges can add community service, counseling requirements, fines, and alcohol and drug evaluations.  It is important to know that your attorney can negotiate all of these things.

How it Works in Fulton

The first step after arrest is getting a bond. If charged with misdemeanor Family Violence Battery, the law provides you shall be given a bond (in all misdemeanor cases).  But, in addition to having to pay bail money to bond out, the judge will also typically impose a No Contact provision as a condition of your pre-trial release. For example, in a case where a husband is accused of battering his wife, and the couple have minor children who live with them, a judge will usually order the defendant to have No Contact with the wife (alleged victim), the children, and be prevented from returning to the shared home. This No Contact provision places a great burden and strain on the accused as a violation of this bond condition (any form of contact, direct or indirect) can land the accused person in custody until the case is resolved. Therefore, the accused has to find alternative living arrangements and be estranged from their family.

As a result, our office routinely files a Motion to Modify Bond Conditions to change the No Contact provision to No Violent or Harassing Contact. This will allow the accused to return home and have contact with the alleged victim and anyone else protected under the bond order; allowing the accused to return to some semblance of a normal lifestyle.

After arrest, a case file is created with the Fulton County Solicitor General’s Office. They are responsible for prosecuting misdemeanor cases within Fulton County. At first, the case will be “unaccused.” This simply means that no accusation has yet been filed on the case. An accusation is the official charging document for misdemeanors in Georgia. It is intended to provide notice to the accused of the charges, the dates of the offense, and information sufficient to place the defendant on notice of how to defend the case.

Once a prosecutor reviews the file and believes there is at least probable cause to proceed upon, the accusation is filed and the case is formally “accused.” At this point, the case is assigned to a particular prosecutor and negotiations may begin. It is possible to resolve the case in a pre-trial diversion program. Successful completion of this program (fines, classes, counseling, community service, etc.) will result in the dismissal of the charges. Eligibility is determined by (lack of a) criminal history and the facts of the case. If the case is accused and not eligible for a diversion program, the accused must begin preparing their case for a possible trial, subject to reaching some plea negotiation with the prosecutor. This includes investigating the case and gathering evidence. In our experience, Fulton County prosecutors are largely unwilling to outright dismiss Family Violence Battery charges. Therefore, defendants are typically confronted with deciding whether to take a no jail time plea deal to Family Violence Battery or proceed to trial.

Fulton County State Court prosecutors will often include multiple counts of Battery, Simple Battery, and Family Violence Battery within the accusation.  Unfortunately, many people go to court on their first court date, without exploring the consequences of a Family Violence Battery conviction, and enter a plea.  Whether the person committed the acts alleged or they simply just want to put this chapter of their life behind them, even though they’re innocent, it’s vital to consult with an attorney.  At the very least, an attorney can discuss the implications of being convicted of Family Violence Battery.

Contact Us

Being charged with Family Violence Battery can be a stressful event in anyone’s life.  At the Law Offices of W. Scott Smith, our lawyers are trained to explore the legal issues with every Family Violence Battery case.  We are aware of all the possible options available to avoid jail time and to protect your criminal history and ultimately your privacy.   If you or a loved one has been charged with Family Violence Battery, please contact our office today at 404-581-0999 for a free consultation.

Georgia Criminal Law – Pre-Trial Intervention in Fulton County Non-Complex Cases

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Since December 12, 2007, Fulton County has designated certain non-violent felony cases to be processed expeditiously through a 9-week case management process within their “non-complex division.” In the non-complex division, “cases are monitored through timely indictment, opportunity for plea and arraignment, motions and trial. This handling of the felony non-complex calendar directly impacts the jail population, reducing length of jail stay and allowing those non-violent charges quicker resolutions, while allowing Superior Court judges to focus on managing and trying violent and more serious felony cases and other complex litigation.”

Because of this desire to resolve cases quickly, the State will often offer defendants plea offers at arraignment (very first court date). Generally speaking, a person accused of a felony should not enter a guilty plea at arraignment. This is because there has been no real opportunity to investigate the case, legal issues, and defenses. It is, however, highly suggested the person consider entering into Pre-Trial Intervention (PTI) Program if offered. 

What is PTI?

PTI is a diversion program, which is essentially a contract between the person accused and the State. On one end of the contract the person agrees to perform certain conditions (usually community service, counseling, classes, a program fee, clean drug screens, etc.). If the person successfully completes these conditions within the set period of time, the State then agrees to not prosecute (or dismiss) the case.

In Fulton County Non-Complex cases, the assigned District Attorney (prosecutor) makes the decision whether to offer PTI. If offered and accepted, the case then goes to a coordinator with the PTI program and is temporarily removed from the Court’s docket. All communication and performance of the program goes through the diversion coordinator.

If offered and the person does not accept, the person has to decide whether to plead guilty or go to trial. Similarly, if you accept PTI, but for whatever reason, are removed from the PTI program, your case will be then placed back on the trial calendar. The benefit here is that removal from the program will not cause a guilty plea to go into effect. As a result, entering into PTI is a low risk high reward opportunity. A person may be removed for missing meetings, failing drug screens, or failure to communicate generally.  

Your Criminal History and What to Ask For

The benefit of PTI is that your case is dismissed upon successful completion. Ideally, your record should also automatically be restricted. A record restriction will prevent the general public from seeing the dismissed case on a background check through GCIC. A non-restricted record will show an arrest for the crime and that the crime was ultimately dismissed. Therefore, if you are offered PTI in Fulton Non-Complex, you want to ensure the prosecutor and PTI coordinator understand and agree in writing to an automatic record restriction. If this is not a written part of the PTI agreement, you will have to apply for record restriction yourself after completion of the PTI program.

Contact Us

An experienced attorney can assist you in obtaining a PTI offer, explaining the terms, and successfully completing the PTI program. If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for afree case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.

Georgia Criminal Law – Incest

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In major sex offenses, the person charged faces an uphill battle. These types of offenses are inflammatory in our society and many people rush to judgment, deeming the person guilty from the onset. The truth is there are people who are wrongly accused of committing these types of offenses. This article serves to explore the nature of the laws against incest, what the penalties are, and applicable defenses.

The Offense

Under O.C.G.A. § 16-6-22, a person commits the offense of incest when such person engages in sexual intercourse or sodomy, with a person he or she knows he or she is related to by blood or by marriage as follows:

  • Mother and child or stepchild;
  • Father and child or stepchild;
  • Siblings of the whole blood or half blood;
  • Grandparent and grandchild of the whole blood or half blood;
  • Aunt and niece or nephew of the whole blood or half blood; or
  • Uncle and niece or nephew of the whole blood or half blood

The Penalty

Incest is a felony and a conviction will result in between ten and thirty year’s imprisonment. If the victim was under the age of fourteen, the prison term is between twenty-five and fifty years. Furthermore, a person convicted of incest will be required to register as a sex offender.

Defenses

Before we discuss applicable defenses, it is important to know what is not a valid defense to a charge of incest. It is not a defense that the intercourse was consented to by the victim. Consent is invalid where the victim is under the age of fourteen because that child is mentally incapable of giving consent.

One applicable defense to a charge of incest is that no sexual intercourse or sodomy occurred. But how does someone prove something didn’t happen? Evidence tending to establish issues with the victim’s credibility, bias, motives, or perception are beneficial to the defense. Also, one should consider obtaining an expert witness to analyze the case. An expert can assist in performing or rebutting forensic examinations of the alleged victim.

Another possible defense is that the parties involved simply do not meet the relationship required by law. The law is very strict as to which relationships apply and if the relationship falls outside of those stated under the law, a charge of incest will not stand.

Finally, the State has to prove beyond a reasonable doubt that the defendant knows he or she is related to the other person. The law requires proof the defendant knew or should have known they are engaging in intercourse with someone who meets the relationship requirements. However, one cannot simply ignore such a relationship when, under the circumstances, the defendant should reasonably know of such as relationship.

Contact Us

If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for a free case evaluation. You’ll a local Atlanta attorney ready to aggressively fight on your behalf.

Can you get in trouble for bringing cigarettes or a cellphone to an inmate in Georgia?

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By: Mary Agramonte

            Georgia law has made it a felony for someone to give an inmate certain illicit items. These include guns, weapons, alcohol, drugs, tobacco and cellphones. If any of these items are given to an inmate without the warden’s permission, both the inmate and the person who gave it to the inmate, can be charged with a felony offense. This law is codified at O.C.G.A. § 42-5-18.

It is against the law for Inmates to possess certain items while in jail.

            If the inmate possesses a gun, weapon, alcohol, drugs, or tobacco, he or she can be convicted and imprisoned for 1 to 5 years (which can run consecutive to whatever sentence they are currently serving). Interestingly, if the person in jail is being held for a misdemeanor arrest or conviction, and is caught with a cell phone in violation of Georgia law, Georgia law can be more lenient as this offense is actually a misdemeanor. On the other hand, if the person is being held for a felony and is caught with a cell phone, it will be charged as a felony.

The person on the outside bringing the items can be punished more severely in Georgia.

            Another caveat is that Georgia law is that is treats more harshly the person bringing the items, than it does the inmate possessing them. If you are the one who brings the prohibited items in, or even attempts to do so, it is a mandatory minimum of two years to serve in prison (and all the way up to 10 years). The mandatory two years cannot be served on probation meaning it is a mandatory prison sentence. This includes weapons, drugs, and alcohol will all result in a mandatory two years in prison if the person is convicted of that crime. If it is only cigarettes or tobacco, then the sentence is slightly lighter in Georgia in that is a mandatory one to five years in that situation if the person is convicted at trial or plea.

What about drones?

            As technology develops more in the outside world, people are becoming creative in ways to bring prohibited items into jails and prisons. In this regard, the Georgia legislature has enacted laws to prevent the use of drones and other unmanned aircraft systems in either taking photos of jails and prisons, or using the unmanned aircraft to bring the banned items into the prison walls.  In this situation, it is a 1 to 5 year sentence to use the drone to take photos, and a 1 to 10 year offense to actually attempt to bring items into jail or prison. Both of these are considered felony offenses.

            Whether you or a loved one has been caught either possession the items while in prison, or bringing the items into the prison, there is hope. Experienced criminal defense attorneys can put together a defense to mitigate and protect your future. Call W. Scott Smith today for a FREE CONSULTATION at 404-581-0999.

Fulton County Rice Street Jail Bond – What You Need to Know

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If you have been arrested in Fulton County by one of the county’s municipalities you may be transported to the Fulton County jail for a bond hearing.  These municipalities include the following: Alpharetta, Atlanta, Chattahoochee Hills, College Park, East point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, South Fulton, and Union City. This is a brief informational to explain what to expect.

First Thing to Know

To be on the calendar for bond consideration the day after your arrest you must finished being booked into the Fulton County Jail no later than 2 a.m.  So, for clients turning themselves in we recommend you turn yourself in directly to the jail no later than 6 pm in order to make the calendar the following day.  The court runs six days a week; no court on Sunday.

If you are charged with a misdemeanor you will have court at 9:00 a.m.

If you are charged with a felony you will have court at 11:00 a.m.

Visitor Rules

The Court does allow for visitors.  However, there are certain rules to abide by.  You are not allowed to bring electronics into the jail, including cell phones.  No smart watches are allowed either.  The Fulton County jail does not permit you to wear open toed shoes or bring in a purse or handbag, so leave it in your car.  You must bring with you a valid Georgia ID, and note that the jail will sometimes run your criminal record for warrants while going to first appearance.  If you are a victim in the criminal case the judge will acknowledge your presence.

Will I get a bond?

Factors the judge will consider in whether to grant a bond include:  

(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;

(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;

(3) Poses no significant risk of committing any felony pending trial; and

(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

The trial court must explain its reasons for denying bond to assist appellate review. The granting or denial of bail will not be set aside unless there is a manifest and flagrant abuse of discretion.

How Much Will It Cost?

When fixing the amount of bail, the judge is to consider chiefly the probability that the accused, if freed, will appear at trial; other factors to be considered include the accused’s ability to pay, the seriousness of the offense, and the accused’s character and reputation.

If a lawyer is at your bond hearing, your chances of getting a bond are significantly increased. That’s why, when you or a loved one is in custody at Fulton county jail, contact a lawyer as soon as possible. Don’t miss your chance at bonding out.

Call us at (404) 581-0999 to speak with our experienced defense lawyers and get a lawyer at a bond hearing as early as today.

Prior False Allegations & Your Case

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You are accused with child molestation or rape and your accuser has previously falsely accused another person of these horrific crimes. Can you bring up these prior false accusations in your case? The answer is yes.

State v. Burns Example

The Georgia Supreme Court held in State v. Burns, that a defendant in a sexual-offense prosecution may bring up evidence that the alleged victim has previously made false accusations of sexual misconduct. This evidence is admissible to attack the credibility of the victim and show that the current charges did not occur.

In this case, James Burns was charged with aggravated sexual battery, aggravated sodomy, and incest. It was discovered that the alleged victim had made up a prior rape allegation.

The Rape Shield Statute & Allegations

The Rape Shield Statute of Georgia does not prohibit testimony of previous false allegations by a victim. This is because prior false accusations establish that the victim has a propensity to make false statements regarding sexual misconduct. The Rape Shield Statute in Georgia is designed to prohibit bringing up the victim’s past sexual conduct. But it does not protect the victim in cases where a false allegation was made.

Your Rights for a Defense

A criminal defendant has a Sixth Amendment right to make a full defense. A defendant has the right to bring up prior false allegations where it can be shown that the allegation was indeed false. The Sixth Amendment also grants the defendant the right of confrontation. This includes the right to physically face the person who is testifying against him and the right to conduct a thorough cross-examination. A defendant is guaranteed the opportunity for effective cross-examination.

In addition, the due process clause of the Fourteenth Amendment guarantees a criminal defendant a meaningful opportunity to present a complete defense. The defendant does not have a right to offer any testimony that is either privileged, irrelevant or excluded under the rules of evidence. However, if the defendant has evidence of a prior false allegation of the alleged victim then it is admissible in order to protect the integrity of the trial.

In State v. Burns, the Georgia Supreme Court has made a bright line rule that prior false allegations are admissible, regardless of other rules of evidence.

Call us Today!

If you are charged with child molestation, rape or any other sexual offense in Georgia, it is imperative that you aggressively defend yourself and learn everything you can about the alleged victim. If the alleged victim in your case has ever made up an allegation against any other person, you must use this information to your advantage when confronting your accuser in court. If you are charged with any sexual offense in Georgia, please contact us at 404-581-0999 or mike@peachstatelawyer.com for a free consultation

How do I get out of the Fulton County Jail?

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I’ve Been Arrested…

You are in handcuffs and headed to the Fulton 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.

What do I do?

First, do not make any statements to the police while you are being transported to the Fulton County Jail.

Second, do not make any statements about the facts of your case to anyone at the Fulton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

What will happen next?

If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning at 9am.

If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning at 11am.

Your loved ones should plan on going to the Fulton County jail about 30 minutes prior to court starting. The Fulton County jail is located at 901 Rice Street, Atlanta, Georgia 30318.

Can I get a bond?

The Fulton County Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

Some crimes must go before a Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Fulton 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:

  1. Treason
  2. Murder
  3. Rape
  4. Aggravated Sodomy
  5. Armed Robbery
  6. Aircraft hijacking and hijacking a motor vehicle
  7. Aggravated Child Molestation
  8. Aggravated Sexual Battery
  9. 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
  10. Violating Code Section 16-13-31 or 16-13-31.1
  11. 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.
  12. Aggravated Stalking

For any of these crimes that are bondable only by a Fulton County Superior Court judge, you will get a court date that will be in Courtroom 8C of the Fulton County Courthouse. The Fulton County Courthouse is located at 185 Central Avenue, Atlanta, Georgia 30303. These court dates start at 9:30am.

What are the types of bonds?

There are several types of bonds available for your case.

  1. Released to Pretrial Services: Fulton 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 Fulton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
  2. Cash Bond: Another option in Fulton 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.
  3. Property Bond: Another option in Fulton County is to post a property bond. In order to post a property bond, you would need to speak to the Fulton 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.
  4. 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 Fulton County jail will provide you with a list of approved bonding companies.

If you or your loved one is arrested and taken to the Fulton 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