As defined by Atlanta law, a bond in Atlanta DUI cases is simply the amount that would be required to be released from custody. The bond amount is set by Schedule, depending on the charge, in the City of Atlanta Jail, and it could be posted by cash, by property, or by bonding company where the bonding company can generally keep 15 percent of the principle. If a bond is worth $1,000, the bonding company can keep $150. If the person posts cash, they are going to get all that cash back.
A distinguished DUI lawyer can help answer any questions you may have regarding the bond after your arrest. A local attorney will have local experience dealing with a client’s bond in Atlanta DUI cases. After an individual is released from jail, they should be getting a copy of the ticket, perhaps a copy of the breath slip, and what is also called a “1205 Form.” This is a form issued by the arresting officer indicating whether they took the test, the blood, breath, or urine test, or refused the test, and that is their 30-day driver’s permit.
Things to Know about Posting Bond
In Atlanta, the 24 hours after an arrest, an individual is informed of the charges against them and the bond they can pay out. If they chose not to bond out do they stay in municipal jail and will be brought in front of the judge that morning. In an arraignment for a DUI charge, an individual is read the charges and have the opportunity to plead guilty or not guilty.
There is no such pretrial release for Atlanta Municipal Court on DUI cases. Fulton County offers pretrial release. The bond, if it is cash, will stay with the case until the case is resolved. If the case gets transferred from the municipal court of Atlanta to the superior court, to the state court of Fulton County or State court of DeKalb, the bond stays with the case.
If a person has any cash to post, they will eventually get it back when the case is concluded. If a person uses a bonding company, they will never see those funds again, at least 15 percent of what they posted goes to a bonding company. But a bonding company can be more convenient and expeditious in getting a person out of jail.
Difficulty with Bond Postings
Bond in Atlanta DUI cases will be set by schedule unless a person has a hard time posting a bond. In which case, if they cannot post a bond, generally, they are not going to be hiring a private lawyer. A lawyer may be able to go down and get a bond amended or the bond lowered if there is a problem. If they cannot afford a bond, generally, they are probably not going to be hiring private counsel, they would probably be appointed a lawyer on the case, to begin with.
Types of Plea Agreements
An arraignment is a formal hearing where a person is read the charges against them and enters a guilty or not guilty plea. They do not need to appear if they are represented by a lawyer, but if they are not represented by a lawyer they will need to appear. The role of an attorney during the arraignment is to answer the judge’s questions and enter the plea. A guilty plea means that they are guilty of the charge, will stand convicted and then be sentenced to whatever the sentence is.
A not guilty plea means that the lawyer will file certain motions to asking for discovery or motion to suppress in 10 days after the arraignment. A not guilty plea means that the case will be set for a trial date down the road. There are some circumstances might it be advisable to plead guilty to get a lesser sentence. If the evidence is compelling against the person, there might not be a better alternative.
No Contest Plea
No contest in Georgia means nolo contendere or no contest. What it means is the person is not guilty but the person is, not guilty. It is somewhere in the middle. No contest pleas still suspends a license and are still considered a conviction on a criminal record.
However, it might be a beneficial solution for the individual. A no contest plea cannot be used against the person in a civil proceeding. There may be some circumstances where the person wants to go ahead and use a no contest plea. For the most part, no contest pleas are not utilized for bond in Atlanta DUI cases very much anymore. A circumstance might be an auto accident where the person is trying to preclude civil liability.
Likelihood of Probation
There is no such thing as probation before judgment in Georgia. All DUIs have a mandatory 12-month period of probation in Georgia. If the case is reduced to reckless driving, there will be some probation but maybe the probation can become terminated or non-reporting after a period of time. Non-reporting is when an individual does not have to report to a probation officer on a monthly basis.
Contacting an Atlanta DUI Lawyer
Hiring a lawyer is a good opportunity to start working on the case and gathering evidence before it dissipates. An individual should keep in mind Atlanta is going to move the case pretty quickly so it is important to get a lawyer involved early. Discussing a bond in Atlanta DUI cases with your attorney may make or break the case ahead of you. A skilled lawyer will want to move their client’s case as quickly as possible.