If the Magistrate Court judge cannot set a bond pursuant to O.C.G.A. 17-6-1 (charges that only a Superior Court judge can set bond on, include murder, rape, aggravated sodomy, armed robbery, hijacking a motor vehicle, aggravated child molestation, aggravated sexual battery, trafficking cocaine/heroin/meth/ecstasy, aggravated stalking), the defense attorney may file a bond motion, and request a bond hearing date before a Superior Court judge. The Superior Court judge will conduct a pre-trial bond hearing, where judge will consider four factors:
(1) Defendant’s criminal history, and the likelihood that he/she is a risk to commit additional felonies while on bond;
(2) Defendant’s history of missing court dates, and the likelihood that he/she will flee from the jurisdiction of the court, or fail to appear in court when required;
(3) Defendant’s character, and the likelihood that he/she poses a threat or danger to any person, to the community or to any property in the community; and
(4) Defendant’s propensity for violence, and the likelihood that he/she will intimidate witnesses or otherwise obstruct the administration of justice.
If the judge sets a bond, it will be one of four types of bond:
By Lawrence Lewis - Bond Hearing Attorney - Sexual Offense Lawyer
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