You’re likely wondering what your rights are when you get arrested. Since each state is a little different regarding criminal law, it’s important to realize what laws govern the process in Georgia. When it comes to receiving bail, you may not always be entitled to it.
What happens after you’re arrested?
After you’re arrested in the state of Georgia, you’ll be brought before a magistrate judge. This must be done within 72 hours of your arrest. This is called the first appearance hearing, and the sole purpose is to determine whether you can be released with bail. In order to be released with bail, the judge will need to know that you are not a flight risk, a threat to yourself or other community members. The judge must also know that you won’t intimidate any witnesses for the case and or commit any other crimes while you’re out on bail.
Can you be denied bail?
During the criminal process, the magistrate judge may deny you bail for a number of reasons. For the most part, you can be denied bail because you did not meet one of the factors above. For example, if you have access to a large number of resources and the judge believes that you are a flight risk, they may deny bail in general. In cases with more severe charges, the judge may deny bail for the purpose of protecting the community and witnesses.
Can you protest?
If you’re denied bail by the magistrate judge, you may be able to apply for reconsideration with a superior court. There are many offenses that are eligible for bail by a superior court that the magistrate judge may choose not to honor. These include murder, rape, treason, armed robbery, aggravated sodomy, home invasion in the first degree, child molestation and sexual battery.
While bail is something that most people take for granted, it can be denied for a number of different reasons. In the event that your bail was denied in the state of Georgia, you can apply for a hearing with a superior court. In some cases, the court may override the magistrate judge and allow you bail.