Is drug possession a felony?

When you are caught in possession of drugs in Georgia, you’ll likely be charged with a felony. Only marijuana is treated differently. Possessing an ounce or less of marijuana is a misdemeanor drug charge while more than 1 ounce will result in felony charges. 

Why would someone’s bail be raised?

When you are arrested for almost any charge, it is up to the judge hearing your case to set a bail amount for your release. In certain cases, a judge might raise the bail amount. Some reasons bail might increase include:

• If you have a prior record, the bail amount might get raised.
• After reviewing the facts of a case, misdemeanor charges could be raised to a felony and because the crime is more severe, the judge could raise the bail amount.
• If you are on probation or parole and get arrested on a new charge such as a drug charge, bail could be raised or possibly put on hold. 

What does it mean when someone makes bail?

After you are arrested and arraigned, you will be jailed for your alleged offense. A judge normally will set a bail amount for your release. If you were arrested on a drug charge, for instance, your bail might be set at $10,000. You make bail if you pay that full amount to the court for your release. To pay this amount, you usually require the services of a bail bond agent like those at Double "O" Bonding. The bond agency charges a percentage of the bail amount as a fee to get you released from jail.

What percentage of bail is a bail bond typically?

The percentage you pay for bail varies from state to state. In Georgia, the fee is 15% of the bail amount. If your drug charge bail is $10,000, for example, you would have to pay the bond agency $1,500 in order to get released from jail. In other states, 10% is a typical fee.

How do you bail someone out of jail without money? 

Only one way exists for a person to get bailed out of jail without having to pay bail—an O.R. release. “O.R.” is short for “own recognizance.” This means the judge has good reason to believe you will return for your appointed court date with no problem. Often you are released on your own recognizance because this is your first offense. The offense is often minor as well, usually a misdemeanor charge. To be released in this case, at the very least you will have no prior criminal record, and you will have good standing in your community. It would be unusual for a judge to release someone on their own recognizance for a drug charge.

Can drug possession be expunged?

In Georgia, it’s very rare for any sort of criminal record to be expunged or completely removed from your criminal record. Instead, criminal records can be restricted under certain circumstances. This means only certain parties—usually judicial officials—can view the records, so you might have limited protection when it comes to background checks. Restrictions come in two forms, automatic or obtained by petition. Automatic restrictions usually occur if it takes a prosecutor a long time to file charges before a conviction, or if all charges are dismissed or you are acquitted. Restrictions will occur after two years for misdemeanors, four years for most felonies, except for violent or sex-related felonies which are restricted after seven years. With restriction by petition, the Superior Court has to be petitioned in the county where a case is pending. Restriction by petition is normally reserved for those whose convictions were later reversed or the case has been dead docketed for more than 12 months.