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Georgia’s New Law on Bail Bonds

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Governor Brian Kemp recently passed a new law that will go into effect on July 1, 2024 radically changing how Georgia courts grant bonds.

What are the types of bonds in Georgia?

  • Unsecured Judicial Release (formerly known as “signature bonds”)
    • Bonds that require no money in order to be released
  • Cash bonds
    • Bonds requiring that cash must be paid in full to be released without use of a bonding company
  • Surety Bonds
    • Bonds posted by bonding companies who then charge the defendant a percentage of the bail amount set by the Judge
  • Property bonds
    • Use of real estate as collateral instead of paying the bond in cash

Unsecured Judicial Release (UJR Bonds) are routinely used in minor offenses in Georgia.  However, under Georgia’s new law, there are 30 new crimes, including 18 that are typically misdemeanors, that can no longer be granted Unsecured Judicial Release. Instead, the new additions to what are considered “bail restricted offenses” shall only be eligible for release through cash, surety or property bonds. To be put simply, you will now need cash to get out on bond for the below charges.

Georgia’s 30 New Crimes Now Considered “Bail-Restricted Offenses”

  1. Reckless stunt driving, 2nd or subsequent offense
  2. Promoting or organizing an exhibition of drag races or laying drags.
  3. Laying drags.
  4. Reckless driving, 2nd or subsequent offense
  5. Fleeing or attempting to elude a police officer.
  6. Obstruction of a law enforcement officer.
  7. Criminal trespass, 2nd or subsequent offense
  8. Theft by taking, 2ndor subsequent offense
  9. Theft by deception.
  10. Theft by extortion.
  11. Destruction, removal, concealment, encumbrance, or transfer of property subject to security interest.
  13. Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana.
  15. Exploitation and intimidation of disabled adults, elder persons, and residents or obstruction of an investigation.
  17. Voluntary manslaughter.
  18. Cruelty to animals.
  19. Violation of oath by a public officer.
  20. Financial transaction card fraud.
  21. Financial transaction card theft.
  22. Identity fraud.
  23. Racketeering and conspiracy.
  24. Trafficking of persons for labor or sexual servitude.
  25. Failure to appear, 2nd or subsequent offense.
  26. Domestic terrorism.
  28. Inciting to riot.
  29. Unlawful assembly.
  30. Possession of tools for commission of a crime.

These new crimes added to the list of “bail-restricted bonds” can no longer be granted an UJR bond and will require cash through a surety or a property bond in order to be released.

The new law will also require that no repeat offender, defined as someone who has been previously arrested for any felony within seven years, be granted an Unsecured Judicial Release, on any crime including very  minor offenses.

It also criminalize charities, nonprofits, and individuals who post more than three bonds a year. The law will require that these entities must submit to the same legal requirements of any professional bonding company.

This new law will take place July 1, 2024. Please call the Law Office of W. Scott Smith PC at 404-581-0999 if your loved one has been arrested and you have questions about obtaining a bond in Georgia.

Georgia Criminal Law – Types of Bail Bonds

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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.