Your Guide to Getting Your Friends and Family Out of Jail

Welcome to Richman Law Firm’s blog, where we are committed to helping our clients navigate the legal system in Georgia. One crucial aspect of the criminal justice process in our state is understanding the bonding process. Whether you’re a concerned family member, a friend, a client, or simply curious about the bail and bonding process, this blog will provide you with comprehensive insights into how bonding works in Georgia. We’ll cover the various methods for bonding someone out of jail, ensuring you have the knowledge needed during these challenging times.

1. What is a Bond/Bail?

Bail is a legal concept that allows a defendant to be released from custody while their criminal case is pending. It serves as a financial guarantee that the defendant will appear in court for all required hearings and trial proceedings. The primary purposes of bail are:

1. Ensuring Appearance: Bail ensures that the defendant does not flee and remains available for court appearances throughout the legal process.

2. Protecting the Community: It provides a means to protect the community from potential harm by keeping the accused in custody if they pose a threat to public safety.

3. Presumption of Innocence: Bail upholds the fundamental principle of “innocent until proven guilty” by allowing individuals to maintain their freedom until their guilt or innocence is determined in court.

In Georgia, as in many other states, the bail process is a critical aspect of the criminal justice system. It provides individuals with the opportunity to secure their release, engage legal representation, and prepare their defense while awaiting trial.

Understanding the different types of bail and the process involved in obtaining it is essential, as it can significantly impact a defendant’s ability to navigate the legal system effectively. In the following sections of this article, we will delve deeper into the various types of bail in Georgia and the steps involved in the bonding process.

2. Types of Bail in Georgia

• Cash Bond

• Property Bond

• Surety Bond

• Signature Bond and Recognizance Bonds

Bail in Georgia comes in several forms, each with its own requirements and considerations. Understanding these different types of bail is essential for anyone involved in the criminal justice system:

Cash Bail:

Cash bail involves the defendant or their loved ones paying the full bail amount in cash to the court or jail. It is the most straightforward form of bail.

How does a Cash Bail work?

If the bail amount is, for example, $10,000, the defendant or their family must provide the full $10,000 to secure their release.

Property Bond:

Property bond allows the defendant to use real estate, such as a home, land, or other properties, as collateral for their release.

How does a Property Bond work?

To secure a property bond, the defendant must provide documentation showing ownership and equity in the property, typically valued at or above the bail amount. Each county sheriff has his own rules.

Surety Bond (aka using a bondsman):

A surety bond involves a third party, known as a bail bondsman, who guarantees the defendant’s appearance in court.

How does a surety bond work?

The bail bondsman typically charges a non-refundable fee, often a percentage of the bail amount (12-15%), and provides a bond to the court for the full bail amount. The bondsman is responsible for ensuring the defendant’s appearance.

Signature Bond aka Recognizance Bond:

A signature bond, also known as a recognizance bond, allows the defendant to be released on their promise to appear in court without the need for financial collateral.

How does a signature bond or recognizance bond work?

A judge may grant a signature bond based on factors such as the defendant’s ties to the community, prior criminal record, and the nature of the offense.

Conclusion:

In Georgia, choosing the right option for bonding out of jail is a critical decision that can significantly impact a defendant’s experience with the criminal justice system. Working with an attorney can help individuals make informed choices and navigate the complexities of the bail process effectively, ensuring their best chance for a successful outcome in their legal case.

LINKS!

Here is a link to the PODCAST of this blog article

Here are law enforcement agencies close to zip code 30040 in Forsyth County, Georgia, along with links to their respective bonding process information pages:

1. Forsyth County Sheriff’s Office

– Website: https://www.forsythsheriff.org/bonding-information

2. Cherokee County Sheriff’s Office:

– Website: https://sheriff.cherokeecountyga.gov/jail/bond.php

3. Gwinnett County Sheriff’s Office

– Website: https://www.gwinnettcountysheriff.org/bonding-process

4. Lumpkin County Sheriff’s Office

– Website: https://www.lumpkincounty.gov/154/Sheriffs-Office

5. Hall County Sheriff’s Office

– Website: https://www.hallcounty.org/236/Inmate-Accounts-Bonds

6. White County Sheriff’s Office

– Website: https://www.whitecountysheriffsoffice.com/sheriff/page/jail

7. Dawson County Sheriff’s Office

– Website: https://dawsoncountysheriff.org/components/detention/

Simple Possession vs Possession with Intent: What’s the Difference?

Simple possession refers to the possession of a controlled substance for personal use. This means that you have the drug on your person or in your immediate possession, but you don’t have any intention to distribute or sell it. Possession with intent, on the other hand, refers to the possession of a controlled substance with the intention to distribute or sell it. This can include having a large quantity of drugs, packaging materials, or other evidence that suggests you were planning to sell the drugs.

Penalties for Simple Possession vs Possession with Intent

The penalties for simple possession and possession with intent can vary significantly depending on the circumstances of your case. Simple possession is typically considered a misdemeanor offense and can result in fines, probation, and even short-term jail time. Possession with intent, however, is considered a felony offense and can result in much more severe penalties, including lengthy prison sentences and significant fines.

Tips for Navigating the Legal System

If you’re facing drug charges in Georgia, it’s important to take the situation seriously and seek legal representation as soon as possible. A criminal defense attorney can help you understand your rights and options and develop a strong defense strategy.

Here are a few additional tips to keep in mind:

• Don’t talk to law enforcement without an attorney present. Anything you say can be used against you in court, so it’s important to exercise your right to remain silent until you have legal representation.
• Gather evidence to support your defense. This could include witness statements, video footage, or other evidence that supports your version of events.
• Be honest with your attorney. Your attorney is there to help you, but they can only do so if you’re honest and upfront with them about the details of your case.
• Consider your options carefully. Depending on the circumstances of your case, you may have options for plea bargaining or other strategies that can help you avoid the most severe penalties.

By working with an experienced criminal defense lawyer and following the tips outlined in this blog post, you can navigate the legal system more effectively and increase your chances of a favorable outcome.

If you need assistance with drug charges in Georgia, don’t hesitate to contact the Richman Law Firm for help.

Cannabinoids are naturally occurring compounds found in the Cannabis sativa plant that interact with the body’s endocannabinoid system (ECS). You’ve probably heard of the two most famous cannabinoids, delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). There are hundreds of different compounds in cannabis, but only some of them are classified as cannabinoids. Other cannabinoids that are beginning to get recognition from the public include delta-8 THC, CBG, CBN, and THCA.

Cannabinoids and their ratio in a cannabis product can produce different effects on consumers. Researchers are beginning to uncover the fact that when it comes to user experience and treating certain conditions with medical cannabis, terpene and cannabinoid profiles are far more important than whether a strain is sativa or indica.

Let’s explore the three most well-known cannabinoids, what they are known for, and the differences between them.

Delta-9 THC

Up first is probably the most famous cannabinoid of all time–delta-9 THC, or THC for short. Think of this as classic THC. This is the THC you heard about in health class growing up. This phytocannabinoid is famous for its psychoactive effects, or “high,” it produces when consumed. The effects of delta-9 THC are usually increased appetite, elation, relaxation, talkativeness, and laughter. Consuming delta-9 THC at high levels has also been linked to negative side effects, such as paranoia or anxiety.

There is research to support that delta-9 THC has the potential to treat a wide range of medical conditions. The strongest evidence exists for analgesia (pain relief), nausea and vomiting, and some neurological disorders, such as multiple sclerosis (MS).

CBD

Cannabidiol (CBD) is psychoactive in the sense that it can influence mood (e.g., reduced anxiety), but unlike THC it does not produce a high or altered mental state when consumed. It is often sold in the form of tinctures that are administered sublingually. However, with the passage of the 2018 Farm Bill and the expansion of the CBD market, you can now find CBD in almost all forms, including flower, edibles, and concentrates. There are a few different types of CBD, including CBD isolate (which contains only CBD and no other cannabinoids), broad-spectrum (which contains all the cannabinoids naturally present in the cannabis plant minus THC), and full-spectrum (which contains all of the cannabinoids, including THC).

CBD has been studied extensively for its analgesic, anxiolytic (anxiety-reducing), and anti-inflammatory properties. CBD is a powerful antioxidant more potent than both vitamin C or E. Research is still in its infancy, but there is powerful evidence that CBD possesses medicinal properties that could help patients with a variety of different medical conditions.

Although it does not produce a feeling of intoxication, consuming CBD can make the user experience a heightened sense of relaxation, drowsiness, dry mouth, and decreased appetite.

Delta-8 THC

Delta-8 THC is a phytocannabinoid produced by cannabis and hemp plants in small amounts. It is a common misconception that delta-8 THC is a synthetic, or man-made, cannabinoid. The delta-8 THC products you see at the store are not made of a synthetic cannabinoids like the synthetic marijuana pharmaceutical product dronabinol or the dangerous street drug K2/Spice.

Delta-8 THC does occur naturally in the cannabis plant, but since it only occurs in small amounts, scientists have found a way to extract more of it from CBD through a process called isomerization. The passage of the 2018 Farm Bill allowed CBD and therefore delta-8 products to flood the market due to its legalization and regulation of hemp.

Delta-8 THC produces some of the same effects as delta-9 THC, including heightened relaxation and increased appetite. It produces a less potent high than delta-9 THC as well as greater focus and energy levels.

Although researchers are just beginning to study the medical benefits delta-8 THC may have for patients, there is already evidence that it may help relieve nausea and vomiting, stimulate appetite, and help with seizures.

Differences Between CBD, Delta-9 THC, and Delta-8 THC

Now that we have covered all the specifics of delta-9 THC, delta-8 THC, and CBD, let’s briefly review the differences between them.

Delta-9 THC produces the most intense high, or feeling of intoxication. Similarly, delta-8 THC also produces a high, though it is less potent. CBD does not produce a high when consumed. Both delta-8 and delta-9 THC can help stimulate appetite, while CBD taken in isolation may decrease appetite.

A consumer may experience negative effects when consuming delta-9 THC, such as paranoia or anxiety due to the potent high. However, these negative side effects are less likely to occur when consuming delta-8 THC due to its less potent high. CBD has anxiolytic properties that decrease the likelihood of you experiencing any negative effects like those mentioned above.

Delta-8 and delta-9 THC will show up on a drug test, but CBD isolate will not. It’s important to note that if you consume broad-spectrum or full-spectrum CBD, it’s possible that it may show up on a drug test because it contains all the other cannabinoids.

Finally, the legality of each of these cannabinoids differs. CBD and delta-8 THC are technically legal under the Farm Bill. However, there is some gray area surrounding delta-8 THC in particular. Some states have outlawed delta-8 THC due to the unregulated nature of the market in the name of consumer safety. Delta-9 THC is legal in states that have a recreational or medical cannabis program for adults or patients registered with the state.

Well, sorry, As of July 2021, I cannot answer that.

The Supreme Court of Georgia recently denied a motion by the State Bar to amend Rule 1.2 that would have allowed lawyers in Georgia to provide legal advice to marijuana businesses on how to operate. Now, this advice is no longer allowed, and lawyers will be punished if they provide it.

Why? A lawyer cannot “counsel clients to engage in conduct that the lawyer knows is criminal or fraudulent, and to assist clients in such conduct, so long as the conduct is not a crime under Georgia law.” Because the marijuana business is illegal in the state of Georgia (as is the possession of marijuana) lawyers are not allowed to give advice on how to commit crimes–i.e. how to possess marijuana, grow marijuana, and sell marijuana.

Here is the full Georgia Bar rule:

RULE 1.2 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER

• Subject to paragraphs (c) and (d), a lawyer shall abide by a client’s decisions concerning the scope and objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
• A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social, or moral views or activities.
• A lawyer may limit the scope and objectives of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.
• A lawyer shall not counsel a client to engage in conduct that the lawyer knows is criminal or fraudulent, nor knowingly assist a client in such conduct, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

The maximum penalty for a violation of this Rule is disbarment.

So, for now, I cannot help you run a profitable marijuana business. But, if you get caught running one, I can certainly defend you in court!

On August 7, 2019, a memo was sent from, Brian Whiteside, a Gwinnett County solicitor to the county’s judges. This memo states that marijuana cases will not be prosecuted until lawmakers change aspects of the Hemp Farming Act.

The county doesn’t have the technology required to differentiate legal hemp between illegal marijuana.

Annually, there are 3000 to 4000 marijuana cases Gwinnett County, and anything brought to the department after May 10, 2019, will be thrown out until further notice.

Whiteside said his decision to throw out all charges was based on ethics and morality.

Police say that marijuana and hemp are similar in look and smell. Neither officers nor trained drug dogs can tell the difference. And with no THC test available, picking farmers up for growing hemp is costly, against the law, and looks bad for the department.

There is no way to prove that the seized project is illegal at this time. All marijuana cases are pending until further action comes in. Until a test becomes available, the prosecutors of Gwinnett County believe that the rest of the state will soon follow.

Others are not so sure.

Dar’ shun Kendrick, a supporter of the bill and a state lawmaker, believes that the prosecutors are wrong. “The hemp bill should have nothing to do with marijuana. I think he may have a very liberal reading of the bill.”

While the district attorney believes that two tests have been court-approved the test would only alter officers if THC is at illegal levels. However, Bureau Chief, and the recipient of Whiteside’s memo, Tony Thomas stated that throwing out marijuana cases could be over within months, depending on when the DA’s can purchase the field test.

Similar cases to this can be found in Athens-Clarke county, Cobb county, and DeKalb county. To date, and according to GPB radio news, over one-hundred cases have been thrown out, and more will follow.