In Georgia, when a person is arrested and charged with a criminal offense — including a misdemeanor — they may be eligible for release from jail on bond while awaiting trial. The process begins with the arrest and booking of the defendant into jail. Within 48 to 72 hours of the arrest, the defendant is entitled to a first appearance before a judge, typically in magistrate court. During this hearing, the judge informs the defendant of the charges against them and may consider setting bond. For most misdemeanor offenses, a bond is generally presumed and may be set according to a pre-established bond schedule used by the jurisdiction. However, this schedule is merely a guideline, and the judge has full discretion to determine whether to grant bond, in what amount, and under what conditions.

There are several types of bond available in Georgia, including cash bonds, surety bonds through a bail bondsman, property bonds secured with real estate, and recognizance bonds, also known as signature or ROR bonds, where the defendant is released on their promise to appear. Although misdemeanors are usually bond-eligible, obtaining bond can still be difficult due to a number of complicating factors.

Judicial discretion plays a significant role in the bond determination process. Even when a charge is a misdemeanor and the bond schedule recommends a standard amount, the judge may deny bond if they believe the defendant is a flight risk, poses a danger to the community, or is unlikely to appear in court. One of the most common reasons for bond denial in misdemeanor cases is the defendant’s probation or parole status. If the defendant is already under supervision for a prior offense — whether in Georgia or another jurisdiction — the court may deny bond altogether. Alternatively, the judge may set a bond amount but issue a probation or parole hold, meaning the defendant cannot be released regardless of whether they post the bond. In such instances, the arrest may trigger a separate probation or parole violation proceeding, which can further delay release.

Other circumstances may also prevent a defendant from being granted bond. If the defendant has outstanding warrants, unresolved charges in other jurisdictions, immigration holds, or a significant criminal history, the judge may deny bond or impose conditions that are difficult to satisfy. Prior failures to appear in court, repeat offenses, or violent behavior may influence the judge’s decision and weigh against pretrial release.

The decision to grant bond rests entirely with the judge. Factors such as probation or parole status, prior criminal history, and perceived risks to the public or the judicial process can result in bond being denied.