Getting bail for a defendant is one of the most important stages in any Georgia crime case. In many cases, this happens automatically, for example in the case of administrative offences. In more serious cases, or when the accused is on the trail of bad facts, bail must be applied for either at the district court or at the higher court, depending on the offence. But even if bail is denied after a hearing, the hope of getting bail isn’t necessarily over.
The 90 Day Statute
One of the best approaches to getting bail when denied by a Georgia judge is to make sure the district attorney complied with OCGA Section 17-7-50. Except in cases involving the death penalty, this law gives the accused the right to present his case to a grand jury for indictment within 90 days of his incarceration. If this does not happen and the time limit has expired, the defendant is entitled to have bail fixed in his case.
A few thoughts
While the law clarifies that a bail must be set, it does not specify the amount of bail required. The amount of the deposit and the terms/limitations of the deposit remain at the discretion of the judge. Therefore, it is still important to have an attorney for a reasonable bail amount and associated conditions.
A second important consideration is that the law gives the incarcerated defendant the right to have his case brought before the grand jury. So if the prosecutor only indicts the case and doesn’t bring an indictment before the grand jury, bail still has to be posted after the 90-day period is over.
The 90 Day Limit and COVID-19
Unfortunately, during COVID-19 in Georgia, there is a nuisance effect in Georgian crime cases related to bonds. Given the judicial emergency, any time from March 13 through the end of the judicial emergency (which now expires May 13) will be subject to a charge or will not count towards the 90-day arraignment period. The practical effect is that many individuals are currently in prison or indicted without attachment.
If you or a family member are incarcerated and are seeking bonding or are otherwise seeking a solution to being released from prison, contact us today for a free consultation!
