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/

All too often, I have clients call me and say they were wrongfully arrested for shoplifting from Kohl’s. Sometimes I agree and sometimes I do not. However, I have began to see a shift whereby Kohl’s is making more arrests…many more arrests. About a third of the clients I received last month are, in my view, innocent. Either the wrong tag was on an item, or Kohl’s thought the individual was trying to conceal an item, when they were not. Either way, getting arrested for shoplifting from Kohl’s had a major effect on their lives.

First, Kohl’s issued them a trespassing notice, which stated they would NEVER be allowed to return to Kohl’s. There was no language in the notice conditioning it on whether or not they are acquitted or found guilty at trial. I find this tactic to be a slap in the face to the justice system, as everyone is innocent until proven guilty. Kohl’s way of business is deplorable and archaic.

Next, they received a letter from a law firm in New York (The Law Offices of Michael Ira Asen, P.C. to be exact) requiring a payment of $150.00. And then another when they fail to make the payment within 21 days. I will reserve comment on Mr. Asen’s letter for another blog post (hint: scam).

Finally, they had to go through the criminal justice process. Cases like theirs start off in the Municipal Court of Cumming, with the option of having a jury trial in Forsyth County State Court. Of course, this all depends on how much the items taken from Kohl’s were worth. Anything over $500.00 in value is a felony; anything $500.00 or less is a misdemeanor. Their punishment can range from a simple fine to probation and possibly jail.

There are all kinds of ways to fight these charges. Richman Law Firm fights these charges everyday. If you are reading this and need help defending your shoplifting charges, please call us to find out how we can help you.