Get Me Out of Here: Bail FAQ

If you (or your loved one) have been arrested, getting out of jail is probably your first priority. Since some time passes between an arrest and the related trial or other court proceedings, in most cases you will have the opportunity to be let out of jail on bond in the interim. Below we’ve answered the most common questions that our clients have about posting bail in Georgia.

So what exactly is bail?

Bail is the process through which defendants are released from jail until they need to be present for court proceedings. The court chooses an amount of money, which the defendant will have to hand over in order to be released. This collateral is released back to the defendant after he or she shows up for the necessary court dates.

Does everyone get to be released on bail?

No. You have no constitutional right to bail. In Georgia, some crimes are considered “bail-restricted.” If you have been accused of one of these more serious crimes, which include rape, homicide, and drug trafficking, there will be no bond set. You will have to remain in jail until your trial.

When will my bail be set?

Your bail will be set at a bond hearing. At this hearing, a magistrate judge attempts to determine whether or not you are a flight risk (i.e. likely to run away and not return for your court proceedings), and if not, will set the amount of bail that you’ll have to pay in order to be released. In Georgia, the state is required to give you a bond hearing within 72 hours of your arrest, although holidays and weekends do not count towards this. 

What if I cannot afford my bail?

If you do not have enough cash to pay the full amount of your bail, you have a few options:


  • You can stay in jail until your trial.
  • You can ask to be released on your own recognizance. The likelihood of this happening depends on the severity of your crime, your criminal record, etc. It helps to have a lawyer representing you!
  • You can work with a licensed bail bond agent (bondsman) who can pay the upfront costs and set you up with a payment plan. If you do not show up to court, this person will likely send a bounty hunter to find and arrest you.


Who can represent me in my bond hearing?

You need an experienced criminal defense attorney to represent you during your bond hearing. Your attorney can help the magistrate judge understand that you are not a flight risk, and ensure that your rights are protected. The Pak & McRae Law team is eager to partner with you. Simply give us a call at (678) 632-5298 to get started.

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Pak & McRae Law

At Pak and McRae Law, LLC we provide straightforward, sincere criminal defense for local, state, and federal matters. Our team includes a former Assistant District Attorney, so we understand how prosecutors approach cases and will use those insights to benefit your case.

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