Can I Be Released on Bail on a Criminal Defense Matter?

Answer:

Whether you can be released on bail in Georgia depends on whether you are charged with a misdemeanor or a felony. For misdemeanor charges, Georgia law guarantees the right to have a bond set — you cannot be held indefinitely without the opportunity for release. For felony charges, there is no automatic right to bond. An attorney must file a motion for bond and present argument at a formal bond hearing, where the judge weighs factors such as the severity of the offense, criminal history, community ties, and flight risk before deciding whether to grant release, set conditions, or deny bond altogether.

After an arrest in Georgia, one of the first and most pressing questions is whether you can be released from custody while your case is pending. The answer depends largely on the nature of the charge — specifically, whether it is classified as a misdemeanor or a felony.

Misdemeanor Charges: A Right to Bond

In Georgia, if you are charged with a misdemeanor offense, you are entitled to have a bond set in almost every case. This is a legal right, not a discretionary decision. The law requires that a judge set a bond for individuals facing misdemeanor charges, which means you cannot simply be held indefinitely without the opportunity for release. The bond amount will vary depending on the charge, your criminal history, your ties to the community, and other factors the court considers relevant to the risk of flight or danger to the public.

Felony Charges: No Automatic Right to Bond

Felony charges are treated very differently. When you are arrested on a felony charge in Georgia, you are generally not entitled to an automatic bond. Bond in a felony case is not a right — it is something that must typically be obtained through the efforts of an attorney. To secure bond on a felony charge, your attorney must file a motion for bond with the court and present argument on your behalf at a bond hearing. At that hearing, the judge will consider a range of factors, including the severity of the alleged offense, your criminal history, the strength of the evidence against you, your ties to the community, your employment, family circumstances, and whether you pose a flight risk or a danger to others. The judge has broad discretion in these determinations and may set bond at a high amount, attach conditions to release, or in serious cases, deny bond altogether.

Why Having an Attorney at the Bond Stage Matters

The bond hearing is often the first significant court appearance in a felony case, and it sets an early tone for how the case will proceed. An attorney who is prepared to present a compelling argument for release — highlighting favorable factors, addressing the court’s concerns, and advocating for reasonable conditions rather than outright detention — can make the difference between remaining in custody for weeks or months and returning home to your family while the case is resolved. If you or a loved one has been arrested in Georgia and is being held without bond or on an unaffordable bond, contacting an experienced criminal defense attorney as quickly as possible is essential or visit our Gainesville GA Criminal Defense Lawyer page to learn how we can help. Time matters in these situations, and early legal intervention can significantly affect the outcome of the bond determination.

5 Star Rating

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!