When facing trial, defendants often have the right to a pretrial release of some sort. Different types of release exist, with a judge determining which type to give.
Depending on the charge faced, bail details will change. For example, what happens when a person facing a misdemeanor charge gets pretrial release options?
Basics of bail to keep in mind
As the Judicial Council of Georgia states, a defendant has the right to appear before a judge quickly after arrest. If the defendant violates release conditions, penalties exist, too.
If a defendant faced arrest without a warrant, they need to appear before a judge within 48 hours. With a warrant, the defendant must appear within 72 hours.
The judge will take numerous things into account when setting bail, including the financial situation of the defendant.
What are forms of release?
Different forms of release exist. A judge might offer unsecured release on the recognizance of the defendant, where they do not owe a bond. Unsecured release may also require entrance into intervention or diversion programs.
A secured bond may also get requested for release. This can include real property, a driver’s license, cash, commercial surety and more. Electronic monitoring serves as an option, too.
What happens if you violate bail?
Failing to appear at any of the required court hearings or otherwise violating any of the bail conditions will result in consequences. This can include arrest for bail jumping and a forfeiture of any of the secured bonds collected. It may even include a reversal of release, putting a person back into custody.