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:
(1) Recognizance bond (also known as “OR” bond, “ROR” bond or “signature” bond) is the defendant`s written promise to appear in court on the date set and abide by the terms set by the judge. No monetary pledge, cash deposit or security by property or professional bondsman is required. This is the best type of bond, because it is sign and go. It is the type of bond most automobile driver’s are granted after a traffic citation. It is rarely granted on felony offenses.
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