Defending Yourself Against Criminal Charges
Being convicted of a criminal charge can have long-lasting negative effects on the rest of your life. As such, it is of the utmost importance to have a qualified criminal law attorney who is willing to fight to have the charges against you reduced, dismissed or acquitted. Our legal team does everything possible to protect felony and misdemeanor clients charged with:
- Assault and battery
- Child abuse and neglect
- Contract fraud
- Misdemeanors and college offenses
- Sex crimes
- Vehicular homicide
- DUI and DWI
- Drug crimes
- Other serious felonies
Penalties for convictions in Georgia include heavy fines, jail time, the loss of your license and possibly the loss of parental rights. At Dodd & Burnham, our criminal law attorney will provide efficient, effective criminal defense representation.
Bail or Jail
After a defendant is arrested, he or she is required to appear before a judge or magistrate. At this time, the defendant may request or a judge may set bail for the defendant’s release. Bail is cash or a cash equivalent that is given to the court to ensure that he or she will appear in court when ordered. If the defendant appears when he or she was ordered to, bail is refunded. However, if the defendant fails to appear, the court keeps the bail and issues a warrant for his or her arrest.
Forms of Bail
Bail can be cash or can be in a number of different forms. Some examples are:
- A check in the full amount of the bail.
- Property worth the full amount of the bail.
- A bond.
- A waiver of bond by being released upon one’s own recognizance.
Determination of Amount of Bail
A judge or magistrate determines the amount of bail that the defendant will be required to post prior to his or her release. The judge takes numerous factors into account including, among other things, the nature of the offense, the dangerousness of the defendant, the defendant’s criminal history, and the defendant’s risk of flight. The Eighth Amendment of the United States Constitution forbids excessive bail. The amount of bail must be no more than is reasonably necessary to keep him or her from fleeing. However, many judges do impose high bail in particular types of cases to keep the defendant in jail.
How to Pay for Bail
There are two ways to pay bail. The defendant may either pay the full amount or buy a bail bond. A bail bond is a promise that you will appear in court when you are supposed to. The bond seller, known as a bail bondsman in some states, posts a bond with the court, and the court keeps the bond in case you don’t show up. A bail bond can usually be purchased for about 10 percent of the amount of the bail. The defendant may also be required to pay the bond seller a nonrefundable premium. Sometimes courts have lists of bond sellers or the defendant could look in the Yellow Pages. Typically, jails and bond sellers do not take credit cards or personal checks.
Released on Defendant’s Own Recognizance
Instead of posting bail, the defendant may be released upon his or her own recognizance. The defendant released on his or her own recognizance must sign a promise to show up in court. The court decides whether or not to release the defendant upon his or her own recognizance. The court is more likely to grant a request to be released upon one’s own recognizance if the defendant is not likely to flee. Factors that the court looks at to conclude whether to grant a request to be released upon one’s own recognizance are:
- The defendant’s ties to the community.
- Whether the defendant has family and friends residing in the community.
- Whether the defendant works within the community.
- Whether the defendant has a criminal history.
- Whether the defendant has appeared for prior court appearances in past cases, if applicable.
If the defendant is unable to post bail or be released upon his or her own recognizance or if the crime committed is too severe to warrant the posting of bail, the defendant will be required to remain in jail until trial.
Call Today To Learn More About Your Options
Attorney Roger Dodd has more than 30 years of experience deftly navigating the criminal justice system in Valdosta, southern Georgia and other areas of the United States. Contact Dodd & Burnham at 229-474-3609 to discuss your legal matter with a seasoned criminal defense attorney. We offer free initial consultations to all prospective clients.