How does bail work in Georgia?
1. Constitutional Framework
Ga. Const. art. I, § 1, ¶ XVII prohibits excessive bail. O.C.G.A. § 17-6-1 lists offenses where only the Superior Court can set bail.
2. Cash, Surety, Property, OR Bonds
Georgia allows cash, surety, property (real estate), and ROR bonds (O.C.G.A. § 17-6-4). SB 63 (2024) requires cash or surety bond for 30+ enumerated offenses, eliminating signature bonds.
3. Bail Hearing
O.C.G.A. § 17-4-26 requires commitment hearing within 72 hours of warrantless arrest, 48 hours after warrant.
4. Bail Schedules
Magistrate courts publish schedules for non-Superior-Court offenses.
5. Bail Bond Agent / Bondsman
Licensed under O.C.G.A. § 17-6-50; 15% maximum premium for state-court bonds, 12% for Superior Court.
6. Conditions
O.C.G.A. § 17-6-12 authorizes no-contact, GPS, drug testing, and curfew conditions.
7. Bail Forfeiture
O.C.G.A. § 17-6-71 governs forfeiture; surety has 120 days plus 90 days extension to produce defendant.
8. Bail Reduction
O.C.G.A. § 17-6-1(g) allows reduction motions on changed circumstances.
9. Pretrial Release Programs
County pretrial services offer supervised release in larger jurisdictions.
This is legal information, not legal advice.
- Charged with a Superior-Court-only bond offense
- SB 63 cash-bail-required offense
- Bond forfeiture proceeding
- O.C.G.A. §§ 17-6-1 to 17-6-72
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.