An arrest in Georgia generally results in intake processing by law enforcement professionals and then someone’s detention in a jail or similar facility. Especially if someone has never had legal issues before, spending time in jail can be a traumatizing experience.
The lack of privacy, the uncomfortable facilities and the company available in a Georgia jail can all make people very tense and eager to get out as soon as possible. Sadly, it is not always fast and easy for someone to secure their release from a Georgia jail pending their prosecution.
What is typically necessary for someone to leave jail after an arrest?
A judge must set bond for the defendant
Typically, those arrested for alleged criminal conduct cannot secure their release until a judge arraigns them. First, the defendant hears about the charges that the state intends to bring in a formal court setting.
Then, the judge reviews the situation and determines how much bail is necessary. Bail is a financial amount deposited to secure someone’s release from state custody pending trial. Typically, a criminal defendant must post at least 10% of the set bail amount in cash. People may empty their savings accounts or even leverage their vehicles or homes to get the capital necessary together for someone’s bail.
In theory, the defendant’s appearance at their criminal trial results in a return of the amount paid in bail. The funds paid act as a sort of security deposit ensuring that someone does show up for their criminal court proceedings. They could forfeit those funds if they do not attend their criminal trial.
Occasionally, in non-violent cases involving minor criminal infractions, judges may release someone without any financial requirements on an unsecured bond. A combination of their ties to the community and prior good behavior might leave a judge feeling comfortable really releasing them without assessing a financial bail requirement.
Criminal defendants in Georgia may need help handling the arraignment process and managing bail. They may also require guidance as they prepare to go to trial and defend against the charges that they’re facing. Understanding what it takes to regain personal freedom after an arrest may help people get the criminal defense help that they need quicker and more effectively.