What happens if I accidentally violate my bond conditions?

Answer:

While it can be difficult to convince a judge a violation was accidental, genuine mistakes do happen. Bond conditions are typically spelled out in writing — no contact with a certain person, no visiting a certain location, for example. Even an accidental violation, like an unintentional text message, can put your bond at risk of revocation. That’s a serious consequence: it can mean being taken into custody with no guarantee of release, potentially for months or even years while your case remains open. If you’re at risk of a bond violation in the North Georgia area, give us a call.

How a Bond Violation Actually Gets to a Judge

A violation doesn’t automatically revoke your bond the moment it happens. Under O.C.G.A. § 17-6-31, the process starts when the alleged violation is reported to the prosecution, who can then file a motion to revoke bond with the judge handling your case. From there, the court schedules a hearing where the state has to prove, by a preponderance of the evidence — a lower bar than the beyond-a-reasonable-doubt standard used at trial — that a violation actually occurred.

You’re Entitled to Notice and a Hearing

Georgia law is clear that bond can’t be revoked without due process. You’re entitled to notice of the alleged violation and a real opportunity to be heard before a judge makes any decision — a judge cannot simply revoke your bond behind closed doors without telling you. This is where an accidental violation matters most: it’s your chance to present the full context, including evidence that the violation wasn’t intentional, and argue that revocation isn’t warranted.

What’s at Stake If Bond Is Revoked

If the judge finds a violation occurred, the consequences are severe. Bond can be revoked entirely, sending you back into custody for the remainder of your case — through arraignment, pretrial hearings, and trial — which can stretch on for months or, in serious cases, years. Being back in custody doesn’t just mean losing your freedom; it makes it far harder to actively participate in building your own defense, maintain employment, and stay connected with family while the case is pending.

Why “Accidental” Still Requires a Real Defense

Even a genuinely accidental violation — a misdialed call, a message sent without realizing who was on the other end, an unplanned encounter with someone you’re not supposed to contact — needs to be explained and defended at the hearing. Judges aren’t required to accept “I didn’t mean to” at face value, which is why having an attorney present evidence and context on your behalf matters so much at this stage.

What to Do If You’re at Risk

If you’re at risk of a bond violation in the North Georgia area, give us a call.

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!!!!!