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The Bail Bond Process

The bail bond process begins with a consultation. During this time, the defendant or their representative meets with a bail bondsman to discuss the bail bond process, fees, and terms. Next, the bail bondsman assesses the defendant’s eligibility for a bail bond and approves the application if deemed appropriate. Once approved, the bail bondsman posts bail on behalf of the defendant, allowing them to be released from custody. The defendant must appear in court for all scheduled hearings and comply with any conditions of their release.

Although the bail bondsman plays a significant role, the defendant also has responsibilities. The defendant is required to attend all court hearings as required, or risk forfeiting their bail. They must also comply with certain conditions, such as refraining from contacting victims or witnesses, staying within a specified area, or submitting to drug testing. If the defendant fails to appear in court, they may be responsible for reimbursing the bail bondsman for the full bail amount.

If the defendant fails to appear in court as required, the court may issue a bench warrant for their arrest, and the bail may be forfeited. In such cases, the bail bondsman may attempt to locate and apprehend the defendant to avoid financial loss.

By understanding the basics of bail bonds, defendants and their families can make informed decisions and navigate the legal process more effectively. It’s advisable to consult with a qualified attorney or bail bondsman for personalized guidance and assistance.

What is a weapons violation bail? 

The judge sets a weapons violation bail for any person who has been arrested for any reason and is found to have possession of a gun. Weapons aren’t just guns though. The weapons violation bail can be set by the judge for anything on an arrested person that can be used as a weapon. 

How much is a weapons violation bail?

This will depend on the surrounding circumstances of the arrest. Most weapons violation bail is set at $10,000. However, if the arrested person has a criminal history, the bail could be higher, or even denied. Examples of that criminal history would be:

• The arrested person is a fugitive
• They have an indictment filed against them
• They have previous convictions of drug possession
• A person who is on parole or probation

What happens if I get caught with a gun in Georgia?

Well, many factors will be considered as to how your arrest, the charges filed, and the resulting penalties.  There is a myriad of laws in Georgia regarding a weapon possession charge. They can be complex and confusing, and with that,  it is strongly recommended that you hire a defense attorney immediately.  They can handle the hearing where the judge sets or denies weapons violation bail or not. 

With the guidance of an experienced defense attorney, they could have the charges dropped or lowered from a felony to a misdemeanor. A defense attorney can have an influence on the judge and jury regarding the punishment too.

Are all gun charges in Georgia a felony? 

Yes, in the State of Georgia, anyone who is convicted of unlawful firearm possession will be charged with a felony. The punishment can be a maximum of 5 years in prison for a first-time offense, and again, based on the surrounding circumstances of the arrest, the defendant may or may not be allowed to post weapons violation bail. In subsequent arrests, the punishment is increased to a maximum of 10 years in prison. 

How much time can a convicted felon get for possession of a firearm in Georgia?

If a person with a felony conviction on their record is allowed or denied posting weapons violation bail, they can be sentenced to prison between 1 year and 5 years. If their previous felony conviction was a forcible felony, they will be sentenced to the maximum penalty. 

Forcible felony is defined as when the threat of force or the use of force or violence is used against another person. This typically includes the following acts: 

• Murder
• Burglary
• Robbery
• Kidnapping

… and similar offenses

Persons with a previous forcible felony conviction history who attempt a firearm purchase or caught transferring a firearm will be charged with a new crime and could face up to 5 years in prison.  With that criminal history, the judge will likely deny any possible weapons violation bail to be posted.

What is considered an unlawful use of weapons in Georgia?

Any person who is found to be knowingly in possession of firearms or other weapons could be any of the following: 

• Sawed-off shotgun
• Sawed-off rifle
• Machine gun
• Dangerous weapon
• Silencer

They will face possible conviction of these charges, whether or not they were granted or denied posting weapons violation bail, and the possible punishment of a maximum of 5 years in prison. 

Can you legally shoot another person on your property? 

No, shooting another person intentionally on your property violates Georgia laws You will be arrested and arraigned, awaiting a judge’s decision to allow you to post weapons violation bail or not. If you can prove there was an active threat on your life or a family member, the shooting may be proved to be justified.

In Closing 

The laws can vary from state to state, as can the consideration of surrounding circumstances when one is arrested on charges of weapons violation. Bail being allowed is solely up to the arraigning judge who will use the criminal history of the defendant along with other factors that include: 

• Their current employment
• Their living situation
• Their standing in the community
• …. among other factors as the judge sees fit

The repercussions of a weapons violation arrest will be ongoing though, starting with the person’s employment. Their ability to purchase weapons or be licensed in the future will be removed as will their right to vote if the charge is a felony level. 

How much is the typical bail amount in Georgia?

If you are arrested on disorderly conduct in Jefferson, Georgia, or anywhere in the state of Georgia, you will be booked into jail. Typically, within 72 hours of booking, you will be presented before the reigning magistrate judge who will review the case and determine if the defendant should be allowed bail. This judge will then decide the amount of the disorderly conduct bail amount using these factors: 

• Flight risk
• Additional crime committing risk
• A danger to self or others
• Criminal history
• Employment status
• Residence situation

The judge has the option of setting additional conditions for release on disorderly conduct bail posting. Those conditions will include the defendant is required to make all future court dates, not to commit any other crimes, stay within the jurisdiction of the arrest until their court date, no alcohol, or drugs, and not to socialize with any person on parole or probation. They may be required to meet with the bail bond agent every week until their court date as well. 

Are there different types of disorderly conduct bail bonds? 

Yes, there are four different types of possible disorderly conduct bail bonds available to a defendant once the judge has approved and set the bail amount.  The state of Georgia has set a limit for bail at 15% of the bond.  The four types of bail include: 

• Cash Bail Bond

To post bail with the court, the full amount of the disorderly conduct bail is required. Full cash bail is often required by the judge when the defendant is thought to be a flight risk, if a violent crime was committed that included disorderly conduct, or if the defendant has an extensive criminal history. 

• Signature Bail Bond

A signature bail bond is allowed for minor charges or a first offense. With this type of bond, money isn’t required. In simple terms, the defendant will sign a signature bond that states they will appear for all court appointments and follow all restrictions and rules of the disorderly conduct bail. If any of the restrictions or rules are broken, the defendant will be arrested and held in jail until their court date or if the judge allows a cash bail. 

• Property Bail Bond

If a judge sets a disorderly conduct bail, a property bond can be obtained on behalf of the defendant using real property to secure the bail bond. This can include any land, real estate, jewelry, vehicles, or art.  These items will be appraised by a professional before the bail bond agent accepts them instead of securing the disorderly conduct bail in cash. 

• Surety Bail Bonds

Also referred to as Commercial Bail Bond is the least expensive way to be released from jail through a bail bonds agent. The defendant or a person on their behalf will pay a premium to the bail bond agent, typically 15% of the disorderly conduct bail amount versus the usual 10%. In addition to restrictions and rules set forth by the reigning judge, the bail bond agent will have conditions and rules too. 

What is the standard sentencing for disorderly conduct? 

Bail has been set and posted, and you’re released until your court date.  What is the normal sentencing for disorderly conduct arrest? Disorderly conduct laws in Georgia are considered as disturbing the peace with actions like:

• Loitering
• Rioting
• Fighting
• Physical altercations
• Inciting a riot, 
• Obstructing traffic
• Use of extremely abusive or obscene language
• Loud or unreasonable noise

After an arrest and posting disorderly conduct bail, the statute of this charge can be sentenced with a maximum of 12 months incarceration and a maximum fine of up to $1,000. Additional requirements could be any or all of the following: 

• Probation
• Community Service
• Alcohol/Drug Classes

How long can someone be held without bond in Georgia?

The state of Georgia has established a provision that a defendant should have a hearing within 90 days under Section 17-7-50 which requires a grand jury hearing no later than 90 days after arrest.  

Staying Within The Law! 

If you’re arrested on disorderly conduct, bail bond is posted and you are released, you’ll probably start adding up the amount of money this ‘minor’ crime has cost you so far.  Well, the bad news is, you’re not through with this matter yet. First, you’ll have your trial and it is here the jury will determine your guilt and to what degree. 

Then the judge will hand down the sentence. If you’re sentenced to a maximum of one year and the $1,000 fine, this is just the start of the expense. You’ll have court costs to pay, restitution to anyone that has suffered from your disorderly conduct, you’ll be responsible to pay for any alcohol or drug classes as well. In addition, there are the days missed at work that you’ll be docked, and possibly loss of employment. And remember – if you need help with disorderly conduct bail in Jefferson, GA our team can be there for you. Just reach out by calling 706-353-6467 to speak to a member of our team.

What kind of restrictions are set while on probation? 

While you’re free from incarceration when the judge allows probation, that comes with requirements and expectations. If any of the stipulations are broken or ignored, you’ll find yourself arrested again and facing punishment and hoping the judge allows probation violation bail. Some of the most common stipulations for probation include: 

• No alcohol consumption or drug use – random testing for either may be given
• Report to an assigned probation officer
• No associating with known criminals, felons, or any on probation
• No associating in places of disrepute
• Maintain employment or stay in school
• Do not violate any local, state, or federal laws
• Avoid confrontations that could lead to fights
• Keep your Probation Officer any change in employment or residence

Also keep in mind that depending on the crime committed and surrounding circumstances, additional restrictions may be added, including: 

• Paying any victim(s) restitution
• Community service
• Attend defensive driving, AA, or drug counseling and/or courses
• Attend a Mothers Against Drunk Driving  meeting
• Attend Substance Abuse Treatment Program 
• Attend AA or anger management meetings

If any of these requirements are skipped, arrest will follow and possible probation violation bail may or may not be allowed by the judge. 

How much jail time do you get for violating probation in Georgia?

If a person commits a probation violation, there are significant consequences. That can include any or all of the following: 

• Extended Probation Time
• Probation Revoked
• Jail Time
• Additional fines

Not all probation violations are the same in Georgia and each has a different punishment. Those different levels of violation and their punishments are: 

• Technical Probation Violation: Probation revoked for up to two years, requiring two years of jail time.
• Special Condition Probation Violation: This probation violation is punished with the remaining probation time revoked and the remainder of time spent behind bars. 
• Substantive Probation Violation: For a misdemeanor, the maximum punishment includes probation revoked for two years, which is offset by two years in jail. An additional two years of jail time. If the original charge is a felony, the remaining time on probation will be spent in jail. 

What happens if you have a warrant for probation violation?

If a person violates the terms of their probation, they are at risk of the judge issuing a bench warrant. This will result in being arrested and taken to jail. 

There they will be booked and presented to the arraignment judge for bail hearing. The judge has the option of permitting probation violation bail or not. If bail is denied, they will be held in custody until their court date. There they will face the probation violation hearing first and then the original crime. 

What happens if probation is revoked?

If a person risks probation violation, bail is denied, they will be kept in custody until their hearing date. When their hearing comes around, they will either be sent back to jail, or the judge may release them with stricter probation. The original arrest, their employment status, and residence situation will play a big part in the judge’s decision. 

What happens if you fail an alcohol test on probation in Georgia?

Any type of probation violation can result in the person being arrested, including any alcohol or drug testing.  The remaining time of probation is revoked and that time is made up behind bars.  Depending on the original charges, there is a strong possibility of probation violation bail being denied by the judge. 

Going Forward

Once a person has been arrested for any crime, the reoccurring matters can include damaging the relationship with family and friends and their employment status. The fees and fines that are required by the courts, including the amount of the probation violation bail and lawyer costs can financially ruin a family or an individual.  

Depending on the reason for the original arrest, a criminal record can affect future employment, the right to vote, buy a house, and keep any children away from them if a divorce is in place or soon to follow. 

The social stigma can be damaging as well. No matter how quiet family, friends, and co-workers stay about the situation, there is the chance of being seen attending the AA, anger management, or drug counseling. All it takes is for one person to see and word can get around quickly. If you have any additional questions or need further assistance, we can be there to help. Give us a call today at 706-353-6467.

What crimes are considered a felony in Georgia?

There are two categories of felonies in the state of Georgia: Violent and Non-Violent, both of which may be eligible for felony bail if the judge grants it. Within those two categories, there are several types of felony crimes which include: 

• Arson
• Burglary
• Kidnapping
• Murder
• Robbery

Some crimes can be charged as a misdemeanor or a felony, with the judge determining the seriousness and setting either a basic bail or a felony bail. An example of an arrest that can be upgraded is a DUI, which in most cases is a  misdemeanor. 

A first-time DUI is usually filed as a misdemeanor charge. However, if another crime was committed in the process of the DUI or the defendant for or more DUI convictions within 10 years, the prosecution will upgrade the charge to a felony requiring a felony bail. 

Arrests for drugs can be upgraded to a felony based on the amount of the drug that the defendant had on them.  The same applies to arrest for theft that is valued at over $500.00. The arraignment judge will determine if bail is allowed and the amount of the felony bail that must be posted in order for the defendant to be released. The amount of felony bail is based on several factors. 

What factors are considered in setting felony bail? 

In addition to the fact we stated, the judge will consider the criminal background of the defendant. The judge and prosecution will review the defendant’s employment, consideration of their residence, and standing in the community. Surrounding circumstances around the arrest will factor into the judge’s decision to allow felony bail to be posted.

After posting felony bail, how long does it take to be released from jail?

In Georgia, a defendant can be held in custody for up to 72 hours before being charged with a crime. This must take place before the defendant can be arraigned and the amount of the felony bail is set. 

There isn’t any set or specific time to be released after posting felony bail. It takes time for the felony bail to be processed by the bail bond agent to deliver the felony bail bond to the court, and how busy the jail is at that time.  

You can be certain on certain days and times of day, the jails are busier than others. For instance, a Tuesday at midday isn’t as busy as a Friday, Saturday, or holiday.  It doesn’t matter if it is a misdemeanor bail or felony bail as to who is released first. It is pretty much a first come/first serve process.

How long is a person out on felony bail before their court date?

After the arraignment hearing, the defendant will be granted a preliminary hearing if chosen by the defendant and their lawyer. In some cases, that hearing will be the same day as the arraignment hearing, which has to be within 72 hours of the arrest. A preliminary hearing is the standard process when the defendant pleads not guilty. 

The preliminary hearing isn’t to determine the guilt or innocence of the defendant. This hearing allows the prosecutor to prove they have sufficient evidence and probable cause to proceed to the actual hearing. It also allows the defendant and their attorney to show their evidence of innocence. 

If the judge agrees with the prosecutor they have sufficient evidence, they will set the actual trial date. This can range between 30 days or longer, depending on how booked up the courts are with other trials.

To Conclude: What does a felony bail cost?

There is a Felony Bail Schedule established in the state of Georgia for every statutory offense. However, law enforcement officers can increase the bail amount with a judge’s approval if they deem that there is a viable cause. An average example of felony bail includes: 

• Robbery – $25,000
• Robbery with a firearm, $40,000 
• If the victim received a bodily injury, the bail amount can be increased to $65,000

Double "O" Bonding helps with felony bail in Jefferson, GA. Call 706-353-6467 to get started. 

What is theft in Georgia?

Today, every city in every state has its own set of laws when it comes to theft, but they all are within the definition of the federal government. This includes the judge granting theft charge bail bond to release the accused. In the state of Georgia, how much do you have to steal to go to jail? There are 4 key elements that are used to determine if theft actually has taken place. Those elements are: 

• Appropriation of property
• Property belonging to another person
• Dishonesty
• Intention to deprive another person permanently

When any combination of these elements occurs, it becomes a crime regardless of the amount. Whether a person is arrested on a theft charge, bail bond pending a judge’s decision, they could face penalties such as: 

Theft by Taking a misdemeanor charge: Punishable by a maximum of 1 year jail time. 

Theft by Taking a Felony charge:  For property valued between $1,500 and $5,000 is punished with prison time between 1 to 5 years. Property valued between $5,001 and $25,000 is punished with prison time between 1 and 10 years. 

Other theft acts considered felony charges that can result in theft charge bail bond can include: 

• Theft by Taking: Prison for 5 to 10 years
• Theft by Deception: Jail time of a maximum of 1 year
• Theft by Conversion: Jail time of a maximum of 1 year
• Theft of Services: Jail time of a maximum of 1 year
• Theft of Mislaid Property: Prison time of 1 to 20 years
• Theft by Receiving: Prison time of 1 to 10 years or a maximum of 20 years for auto.

How much is bail for shoplifting in Georgia?

For a theft charge bail bond itself will probably be more than the merchandise that is stolen, and then the other costs that result from shoplifting charges in addition. The cost of a theft charge is almost certainly greater than the cost of the merchandise. A misdemeanor theft charge bail is around $1,000 and if the theft charge is raised to a felony theft charge, the bail bond will be even higher. 

In addition to posting the theft charge bail bond, other costs and expenses include: 

• Court fines
• A shoplifting course
• Probation fees
• Alcohol and drug alcohol testing

In addition to these expenses, there is the cost of opportunities lost because of missing work and future employment. You’ll have multiple appointments with your attorney, the probation officer, court appearances, and in most cases, the time required for providing community service. Often, once the court hearing has been completed and sentencing handed down, it could include the defendant required to undergo counseling at their expense for a period of time.

Once you’ve been arrested for the theft charge, bail bonds posted, and released from jail, your employer may dismiss you and future employers deny your application because of the criminal history created. 

Can you get a bond for a felony in Georgia?

Maybe, maybe not. For a felony theft charge, bail bonds are not guaranteed by the sitting arraignment judge. And some felony theft bail bonds are only permitted by a Superior Court Judge. This can is grouped with other arrest charges such as: 

• Murder
• Rape
• Armed Robbery
• Aggravated Sexual Battery
• Aggravated Child Molestation
• Aggravated Sodomy
• Home Invasion in the First Degree
• Car Hijacking in the First Degree
• Drug Trafficking
• Treason
• Airport Hijacking

Is theft of $500 a felony in Georgia?

An arrest for theft of goods is a misdemeanor when valued under $500. An arrest for theft of any property over the amount of $500 could be charged as a felony.

Who determines if a theft charge bail bond will be allowed? 

The arraigning judge when the accused is presented will determine if a theft charge bail bond will be allowed and in what amount. Factors that the judge will use in making this decision include: 

• Criminal history
• Surrounding circumstances
• Accused’s employment status
• Accused’s living arrangement
• Accused’s standing in the community

What information will an inmate search provide? 

With the name and date of birth, the jail staff will confirm if they have anyone by that name and age in custody. They can usually tell you things like: 

• The cause of the arrest
• The date and time of the arrest
• If they are in holding or if they have been arraigned 
• If a bond has been set and the amount

Some jail staff will provide a little more information if they aren’t busy. If you’re doing an inmate search on a holiday or weekend, don’t expect to have much conversation other than the basics we listed. 

What should you do after you’ve found the person in your inmate search? 

You can either call a defense attorney, who will post bail, or you can call a bail bond agent. Both will get the person of your inmate search out of jail if bail was allowed and set by the arraigning judge. 

With a defense attorney, you will need to sign an agreement they are to represent your loved one and that their base fee will be paid by you or the defendant. Some may want a retainer upfront and others will wait until the first official meeting in the office. If you have a family attorney, you may not have to pay anything until their court date, verdict, and sentencing have taken place. 

With a bail bond agent, you’ll be required to come to their office for paperwork and to pay a fee before they go to the courthouse. The fee is usually 10% of the bail amount the judge set, but depending on the accused crime, it could be as much as 20%. 

Both the defense attorney and the bail bond agent will take inmate search steps themselves before having you sign any paperwork. They may be able to have the bail amount reduced or even waived in some rare cases. And they can usually get more information about the arrest and surrounding circumstances to give you a better idea of what happened. 

What happens next? 

Once you have a successful inmate search and found your loved one, got a bail bond agent or defense attorney to post bail, they will advise you and the defendant of the next steps to expect. This will typically start by meeting with a defense attorney and reviewing the arrest records. They will take notes and advise the defendant how to proceed starting with the appearance in court. 

Does the inmate search process cost? 

No, most cities, counties, and states offer inmate searches on their website at no charge. If you don’t find the person you’re looking for online, you can call, but again, depending on the day of the week and time of day, you may find yourself on hold for an extended time. As it is said, ‘you get what you pay for’ and since the inmate search is free, the level of information you get via phone or online may be extremely basic and limited. 

If you have a bail bond agent or defense attorney do the inmate search for you instead, they have the right to charge you. While they may use the same online search that is available to you, most of them have their own portal that provides more information that they can relay to you – at a cost. 

After the inmate search and court hearing, what happens? 

That will all depend on what the charges were that resulted in the arrest and if the person was found guilty, and if they have any criminal history. The one thing for certain in all of this, you and your loved one have a long road ahead of legalities and more. This arrest can affect their employment, their standing in the community, their family’s finances, and their future. 

What is the punishment for a disorderly conduct? 

In Jefferson, Georgia, an arrest for disorderly conduct, bail posted, the following can be expected as punishment for a misdemeanor charge: 

Maximum fines of $1,000 and/or 

Maximum one-year incarceration in county or state facility 

Can you get a bail bond for a disorderly conduct?

Yes, disorderly conduct bail is possible for anyone arrested on those charges. Seeking the bail bond assistance from a bail bonds agent, or hiring a criminal defense attorney.  Going the route of an attorney is recommended if you feel the arrest and charges were not legitimate.

However, if you’re arrested on a “public drunkenness” charge, the matter is a separate offense and may be handled differently. This includes a blood test or breathalyzer, and the arrested person could face the disorderly conduct charge and public drunkenness charges too. The disorderly conduct bail will include additional bail for the second charge. 

How much does a disorderly conduct bail cost?

A disorder conduct bail amount will be determined by the arraignment judge, just as it is with any other type of arrest that results in bail being set. The maximum fine for disorderly conduct charges in Jefferson, Georgia is $1,000 with the possibility of maximum one-year incarceration. 

The purpose of the bail is to provide an incentive for the defendant to return for assigned court date, so the judge may set the bail amount at any amount as they see fit. To get a bail bond with a bail bond agency is typically 10% of the bail amount plus any fees they charge.  The disorderly conduct bail posted will not include any additional court fees or fines that may be required.

How do disorderly conduct bail work?

Once you have been arrested and taken to jail, you’ll be “booked”, meaning your fingerprints, mug shot, and personal information collected like name, address, phone number, driver’s license, etc. Then you’ll be placed in a holding cell until it is your turn to be presented before the arraignment judge.

The judge will review the charges, the defendant’s criminal record, standing in the community, etc. then set the bail amount as allowed by pre-defined policies. The bail amount is stated, and the defendant has the opportunity to post the bail bond at that moment if they are able or given their one phone call to find a family, friend, lawyer, or bail bond agent to come post bail for their release. 

Once the disorderly conduct bail bond has been posted, the defendant is free to go. They will be advised of the court date established and must return for this date or the bail bond is forfeited. In this case, the defendant will be returned to jail. 

What happens when you get pulled over for DUI for the first time?

The DUI laws are complicated, different from state to state, and constantly changing. It is those changes that can affect the outcome of the first-time DUI or subsequent DUI arrest. Hiring an experienced DUI defense attorney is the best way to get the best outcome. 

After the arrest and posting the DUI bail bond to get released, upon court date, the potential outcome can be any or all of the following: 

• 1 year of probation
• A $300 minimum fine, court costs, and surcharges
• One to ten days in jail
• Community service for a minimum of 40 hours
• Alcohol or drug abuse counseling
• Attendance of DUI School, Madd Mothers Victim Impact Panel
• Suspended Driver’s License

Will I get arrested after my first DUI, how likely is it that you get arrested for your first DUI?

Yes, a person that is pulled over for suspicion of DUI will be arrested in the state of Georgia if they fail the field sobriety tests conducted by the attending law enforcement officer.  If they pass the testing, the officer still has the option of arresting the person and taking them to a hospital for BAC testing.  Even with a BAC of less than .08%, the person could still be arrested, required to post a DUI bail bond, and appear before the courts. 

How likely is jail time for your first DUI?

If a driver fails the sobriety tests administered by the law enforcement officer and has a BAC under.08%, the DUI laws in Georgia will lead to arrests. For persons under the age of 21 years, there is a zero-tolerance law. A person under 21 years of age with a BAC of 0.02% and up will be arrested, their Driver’s License Revoked, six months minimum jail time, and court fines and fees. 

Will you lose your license for your first DUI?

In the state of Georgia, a first DUI conviction, the driver will have their driver’s license confiscated by the court. It is then surrendered to the Department of Driver Services office. 

Can DUI charges be dropped for your first offense?

The new laws in place in 2022 in Georgia are stricter. A first-time DUI arrest with a DUI bail bond posted has a good chance of their DUI charges being dropped. A repeat DUI offender with a 2^nd DUI arrest could have their charges dropped, most likely changed to reckless driving. 

Can your first DUI be dismissed?

For anyone with a DUI arrest, first, second, or subsequent DUI charges, it is best to have an experienced attorney to represent the defendant. With an experienced DUI defense attorney handling the arrest after posting your DUI bail bond, it is possible to have a first-time DUI charge dropped. 

In Conclusion

The best way to prevent a DUI arrest and DUI bail bond need is to not drink and drive. A person that chooses to drink should find a ride home, either from a family member, a friend, or call a service like a taxi, Uber, or other type services. 

Double "O" Bonding helps with a DUI bail bondin Jefferson, GA. Call 706-353-6467 to get started.

What is considered a DUI?

And is drunk driving a crime? Yes, in Georgia, drunk driving is a crime and dangerous.  DUI – Driving Under the Influence in George encompasses both alcohol and drugs. A driver that tests for .08 Blood Alcohol Content (BAC) or more, receives an automatic DUI charge. 

Georgia considers all cases involving a DUI to be filed as a misdemeanor or a felony offense. Even with a first-time offense, the accused faces the possible risk of a permanent criminal record. However, more than 90% of all DUI arrests in the state are filed as a misdemeanor with the DUI bail amount in line with the offense. 

Still, even for a first-time offense risk, there is the unknown and still face the possibilities of negative consequences with employment and other aspects of the future. Even if released on a misdemeanor DUI bail bond posting, there is still a criminal record established. 

There are two elements that can have you arrested for DUI; bail posting will be decided by the judge after reviewing all matters.  The elements are: 

• One: You do not have to be driving the vehicle. You can be parked with the motor off, but if the keys are in the ignition and you’re behind the wheel, you are considered DUI because you have “Physical Control” of the vehicle. 
• Two: As the driver, if you are under the influence of drugs or intoxicated by alcohol consumption, the prosecution will have to prove beyond reasonable doubt that you were DUI at the time of your arrest, even if the judge allows DUI bail to be posted for release.

Is a DUI a felony?

The state of Georgia, in general, considers most DUI convictions as a misdemeanor. Equate the penalties to that of a moving violation or causing a minor accident. However, there are situations where a DUI arrest can be upgraded to a felony charge, and the DUI bail may be denied by the judge.  Those situations include: 

A FOURTH DUI CONVICTION

As of July 1, 2008, the state of Georgia deemed a fourth DUI conviction to be tried as a felony. The DUI bail, if allowed, will be considerably higher and the penalties are harsher with possible DUI bail denied: 

• Minimum fine of $1,000 to a maximum $5,000

• Minimum imprisonment 1 year to a maximum of 5 years

• Minimum of  sixty days of community service, suspended if the sentencing is for a minimum of 3 years prison time

• Probation for a minimum of five years 
• Required DUI Alcohol or Drug Use program within four months of conviction

• Clinical evaluation

• Required completion of a substance abuse treatment program if clinical evaluation deems needed

Anyone that causes injury or death while DUI in the state of Georgia will face the following punishments with felony charge that results in the following: 

• Victim’s deprived of any part of their body

• Victim’s body is rendered useless

• Victim’s body or body part is seriously disfigured 

• Victim suffers organic brain damage

A person convicted of a DUI that results in another person’s death will be sentenced to a minimum of 3 years to a maximum of 15 years in prison. If a person convicted of a DUI result in another person suffering a severe injury, punishment can range from a minimum of 1 year to a maximum of 15 years of prison sentencing. 

How long can you go to jail for a DUI?

There are significant consequences when charged with DUI in the Peach State. IF DUI bail is allowed and has been posted, the consequences include:

First DUI Conviction: Minimum fine of $300 and twenty-four hours in jail. Other possible consequences can include:

• 40 hours of community service
• 12 months of probation
• DUI Alcohol or Drug Use Courses
• Substance abuse evaluation
• Maximum fine of $1,000, maximum 1 year in jail, or both fine and jail time. 

Second DUI within a 10-year period: 

• Minimum is seventy-two hours in jail, $600.00 fine, 10 days community service, 1-year probation, required DUI School, and substance abuse evaluation. 
• Maximum fine of $1,000 and up to 1 year in jail. 

Third DUI and beyond within 10 years:

• Aggravated misdemeanor charge with a minimum fifteen days in jail, minimum $1,000 fine, 10 days community service, required DUI school, 1 year probation, required substance abuse evaluation, and any additional orders by the judge. 
• The maximum penalty includes 1 year in jail and a $5,000 fine.

How much does a DUI Bail cost? 

The range of DUI Bail in Georgia is between $150 and $2,500 with the bail bond typically 10% of the bail amount. A DUI bail amount will vary on several factors including the defendant’s previous criminal history, surrounding facts of the arrest, and the defendant’s community standing. 

How do DUI bail bonds work? 

Once a judge sets the DUI bail amount, the defendant can post the full amount with the court. Other options are to call a criminal defense attorney or have somebody post bail with a bail bond agency or agent. Once the defendant has completed all required court-ordered mandates and the court date has been completed, the bail amount posted is refunded minus any fees.