Posts

I have a stay away/no contact provision in my bond, but I live with the victim. What do I do?

/in , , , , , , /by

“Stay Away” and “No Contact” bond conditions are common conditions attached to bond orders when someone is charged with battery. These conditions mean just what they say: that the defendant is to stay away from the alleged victim in the case, and is to have no contact with them under any circumstances. While this is normally an easy condition to abide by, what do you do if the alleged victim is a spouse, child, or someone else who lives in your home?

If you have been arrested and charged with battery or battery-family violence against someone who lives with you and there is a no contact provision to your bond, continuing to reside in the home with that person is a violation of your bond condition, and puts you at serious risk of having your bond revoked. This is true even if the alleged victim in your case expresses a desire to have the charges dropped, they want to continue to live with you, or it was all a misunderstanding. If there is a no contact condition, any contact, even if friendly, could result in a bond revocation. So what should you do?

If you have charges of battery or battery-family violence and you want to continue to live with or see the victim in the case, you must first obtain an order modifying your bond conditions. You must do this before you continue to live with or communicate with the victim. You should contact an attorney to request that they file a motion for bond modification with the Court. Your attorney will then file the motion on your behalf, and the Court may grant the motion or may decide to have a hearing on the motion. If the Court schedules a hearing, your attorney will appear and advocate on your behalf, arguing that you should be permitted to have contact with the alleged victim.

If you are currently in contact with the alleged victim in your case and there is a no contact provision, notify your attorney immediately, and remove yourself from the residence or location where the victim is staying. Do not continue to speak to or reside with the victim until your bond can be modified.

CONTACT US

At the Law Offices of W. Scott Smith, our lawyers are trained at defending such allegations, we are knowledgeable about all the potential defenses of such a charge, and we have experience at trial advocating for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for battery-family violence in Fulton County, please call our office today at 404-581-0999 for a free consultation.

Georgia Arrest Bond Information

/in , /by

In Georgia, every person arrested on criminal charges is entitled to a bail bond hearing to determine if the judge will set bond on their case. A bond is essentially collateral, which secures a promise, once released from custody, to appear in court for future court dates. There are many different forms of bonds that a judge can grant. Some include, but are not limited to, signature bonds, surety bonds, cash bonds, or property bonds.

If a person is arrested in the state of Georgia and taken into custody, he/she must be brought before a magistrate judge within 72 hours of arrest. The purpose of this appearance is to discuss the issue of bond. The judge must consider whether the accused is a flight risk; a threat to themselves or the community; has the potential to commit other crimes while their case is pending; as well as the possibility the accused, if released, will intimate any potential witnesses. Other factors that the judge may consider in granting or denying bond include, but are not limited to:

  • Nature of the crime allegedly committed;
  • Circumstances surrounding the alleged crime;
  • Weight of the evidence against the accused;
  • Past criminal history of the accused;
  • Community ties;
  • Family ties;
  • Mental history of the accused;
  • History of failing to appear;
  • Source of bail funds

The judge does have discretion to deny bond for an accused if they find it necessary to do so in order to protect the community, the victim, or to ensure that the accused appears at his/her future court dates. If the accused is denied bond, this means that he/she will not be released and must be confined during the pendency of their case or while awaiting trial. However, a person who has been denied bond or who otherwise would like to have their bond amount reduced does have options in the meantime. The accused may file for a reconsideration of bond, or in some cases where bond was denied, the accused may request a preliminary hearing, which will determine whether there was (1) probable cause to arrest the accused and (2) to revisit the issue of bond. This allows a second chance for the accused to argue that he/she should be released pending the disposition of their case.

Due to the complexity of bond hearings, as well as the possibility that the accused will spend months in custody pending trial, it is of vital importance to hire a seasoned criminal defense attorney who understands the factors the judge is considering when determining bond, has vast experience with such hearings, and tirelessly advocates for their clients and their constitutional rights. Here, at the Law Offices of W. Scott Smith, we do just that. Therefore, if you are under investigation and are potentially facing a future arrest for which bond may be necessary, or a loved one is currently in custody on a pending criminal charge, please call our office today at 404-581-0999 for a free consultation.