Georgia Criminal Law – Types of Bail Bonds

In Georgia criminal cases you are allowed to get a bond in order to be released from custody. Getting a bond is essentially assuring that you will attend all the mandatory court appearances with an amount of money that the Judge sets for you. A Judge will determine your eligibility of bond with factors such as past criminal history, risk of fleeing, employment history, and whether the defendant has close ties in the community – also referred to as Ayala Factors.

In Georgia, there are 4 types of bond that you can get set:

  • Signature
  • Property
  • Cash
  • Surety

A signature bond is often granted to defendants if their charge is minor or if it is their first time committing a crime. This type of bond typically does not require the defendant to pay any kind of money, and the defendant is allowed to go free as long as they sign a document promising to show up to all of their mandatory court appearances.  In Fulton County, the t majority of bonds we acquire for our clients on non-murder or domestic violence cases are signature bonds.  The key to a signature bond in Fulton County is to be cooperative and compliant with a Fulton County pretrial release officer.

A property bond requires the defendant to use their property such as the title to your car or real estate as collateral instead of paying the bond with money. Typically, the value of the property should be about twice as high as the bail amount the Judge set in order for it to be accepted as collateral. This type of bond can be complicated because you need an appraiser to calculate the value of the property.  In Fulton, Dekalb, Gwinnett and Cobb Counties you can use more than one property as long as the properties are located in Georgia.

A cash bond is often set for defendants who are deemed as “high-risk”. This type of bond does not allow for you to use a bail agent, and you must pay the entire amount that the Judge sets in cash. If you pay the bail amount and do not show up to your court date, the money will be forfeited to the court. Most counties have a 10 percent option but you must ask the judge setting the bond to include the 10 percent bond language in the order.

Lastly, a surety bond is a bond that you can use a bail agent/bail bondsman for the amount that the judge sets. In this case, the bail agent/bail bondsmen company will agree to pay the bail money and charge the defendant with a fee, which is typically about 10 percent of the bail amount the judge sets.