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Felony Bail for the State of Georgia

Crime doesn’t pay, a line we’ve all heard time and again. But crime does cost, and not just financially, especially when it comes to a felony arrest.  In the state of Georgia, a felony is the most serious of crimes and can be punished by life in prison or a death sentence. But the defendant won’t go to jail automatically. 

The typical process of a felony arrest is like other types of crimes. The defendant is placed in a holding cell and booked. Then they are taken before an arraignment judge to see if felony bail will be allowed. If the judge grants felony bail, they can post the bail themselves, or contact someone else to post the felony bail for them.

What crimes are considered a felony in Georgia?

There are two categories of felonies in the state of Georgia: Violent and Non-Violent, both of which may be eligible for felony bail if the judge grants it. Within those two categories, there are several types of felony crimes which include: 

• Arson
• Burglary
• Kidnapping
• Murder
• Robbery

Some crimes can be charged as a misdemeanor or a felony, with the judge determining the seriousness and setting either a basic bail or a felony bail. An example of an arrest that can be upgraded is a DUI, which in most cases is a  misdemeanor. 

A first-time DUI is usually filed as a misdemeanor charge. However, if another crime was committed in the process of the DUI or the defendant for or more DUI convictions within 10 years, the prosecution will upgrade the charge to a felony requiring a felony bail. 

Arrests for drugs can be upgraded to a felony based on the amount of the drug that the defendant had on them.  The same applies to arrest for theft that is valued at over $500.00. The arraignment judge will determine if bail is allowed and the amount of the felony bail that must be posted in order for the defendant to be released. The amount of felony bail is based on several factors. 

What factors are considered in setting felony bail? 

In addition to the fact we stated, the judge will consider the criminal background of the defendant. The judge and prosecution will review the defendant’s employment, consideration of their residence, and standing in the community. Surrounding circumstances around the arrest will factor into the judge’s decision to allow felony bail to be posted.

What other type of crime is there other than a felony? 

If charges for a crime aren’t filed as a felony by the prosecution, it falls into the category of a misdemeanor, which is a nonviolent crime that typically has a lighter sentence and the bail amount is typically lower than a felony bail. A misdemeanor arrest can include the following: 

• Vandalism
• Drug possession
• Simple assault
• Disorderly conduct

After posting felony bail, how long does it take to be released from jail?

In Georgia, a defendant can be held in custody for up to 72 hours before being charged with a crime. This must take place before the defendant can be arraigned and the amount of the felony bail is set. 

There isn’t any set or specific time to be released after posting felony bail. It takes time for the felony bail to be processed by the bail bond agent to deliver the felony bail bond to the court, and how busy the jail is at that time.  

You can be certain on certain days and times of day, the jails are busier than others. For instance, a Tuesday at midday isn’t as busy as a Friday, Saturday, or holiday.  It doesn’t matter if it is a misdemeanor bail or felony bail as to who is released first. It is pretty much a first come/first serve process.

How long is a person out on felony bail before their court date?

After the arraignment hearing, the defendant will be granted a preliminary hearing if chosen by the defendant and their lawyer. In some cases, that hearing will be the same day as the arraignment hearing, which has to be within 72 hours of the arrest. A preliminary hearing is the standard process when the defendant pleads not guilty. 

The preliminary hearing isn’t to determine the guilt or innocence of the defendant. This hearing allows the prosecutor to prove they have sufficient evidence and probable cause to proceed to the actual hearing. It also allows the defendant and their attorney to show their evidence of innocence. 

If the judge agrees with the prosecutor they have sufficient evidence, they will set the actual trial date. This can range between 30 days or longer, depending on how booked up the courts are with other trials.

To Conclude: What does a felony bail cost?

There is a Felony Bail Schedule established in the state of Georgia for every statutory offense. However, law enforcement officers can increase the bail amount with a judge’s approval if they deem that there is a viable cause. An average example of felony bail includes: 

• Robbery – $25,000
• Robbery with a firearm, $40,000 
• If the victim received a bodily injury, the bail amount can be increased to $65,000

Double "O" Bonding helps with felony bail in Jefferson, GA. Call 706-353-6467 to get started. 

Experienced Bail Bondsmen

Theft has been around since the dawn of man. In many places, even still today, theft is punished by cutting off the thief’s hand or by death. What hasn’t always existed is the act of being arrested, placed in jail, and the possibility of posting a theft charge bail bond. Once a bail bond has been posted, this allows the accused to be released until their court date. If you need a theft charge bail bond in Jefferson, GA, let the experienced bail bondsmen at Double "O" Bonding help. Call us anytime at 706-353-6467.

What is theft in Georgia?

Today, every city in every state has its own set of laws when it comes to theft, but they all are within the definition of the federal government. This includes the judge granting theft charge bail bond to release the accused. In the state of Georgia, how much do you have to steal to go to jail? There are 4 key elements that are used to determine if theft actually has taken place. Those elements are: 

• Appropriation of property
• Property belonging to another person
• Dishonesty
• Intention to deprive another person permanently

When any combination of these elements occurs, it becomes a crime regardless of the amount. Whether a person is arrested on a theft charge, bail bond pending a judge’s decision, they could face penalties such as: 

Theft by Taking a misdemeanor charge: Punishable by a maximum of 1 year jail time. 

Theft by Taking a Felony charge:  For property valued between $1,500 and $5,000 is punished with prison time between 1 to 5 years. Property valued between $5,001 and $25,000 is punished with prison time between 1 and 10 years. 

Other theft acts considered felony charges that can result in theft charge bail bond can include: 

• Theft by Taking: Prison for 5 to 10 years
• Theft by Deception: Jail time of a maximum of 1 year
• Theft by Conversion: Jail time of a maximum of 1 year
• Theft of Services: Jail time of a maximum of 1 year
• Theft of Mislaid Property: Prison time of 1 to 20 years
• Theft by Receiving: Prison time of 1 to 10 years or a maximum of 20 years for auto.

How much is bail for shoplifting in Georgia?

For a theft charge bail bond itself will probably be more than the merchandise that is stolen, and then the other costs that result from shoplifting charges in addition. The cost of a theft charge is almost certainly greater than the cost of the merchandise. A misdemeanor theft charge bail is around $1,000 and if the theft charge is raised to a felony theft charge, the bail bond will be even higher. 

In addition to posting the theft charge bail bond, other costs and expenses include: 

• Court fines
• A shoplifting course
• Probation fees
• Alcohol and drug alcohol testing

In addition to these expenses, there is the cost of opportunities lost because of missing work and future employment. You’ll have multiple appointments with your attorney, the probation officer, court appearances, and in most cases, the time required for providing community service. Often, once the court hearing has been completed and sentencing handed down, it could include the defendant required to undergo counseling at their expense for a period of time.

Once you’ve been arrested for the theft charge, bail bonds posted, and released from jail, your employer may dismiss you and future employers deny your application because of the criminal history created. 

Can you get a bond for a felony in Georgia?

Maybe, maybe not. For a felony theft charge, bail bonds are not guaranteed by the sitting arraignment judge. And some felony theft bail bonds are only permitted by a Superior Court Judge. This can is grouped with other arrest charges such as: 

• Murder
• Rape
• Armed Robbery
• Aggravated Sexual Battery
• Aggravated Child Molestation
• Aggravated Sodomy
• Home Invasion in the First Degree
• Car Hijacking in the First Degree
• Drug Trafficking
• Treason
• Airport Hijacking

Is theft of $500 a felony in Georgia?

An arrest for theft of goods is a misdemeanor when valued under $500. An arrest for theft of any property over the amount of $500 could be charged as a felony.

Who determines if a theft charge bail bond will be allowed? 

The arraigning judge when the accused is presented will determine if a theft charge bail bond will be allowed and in what amount. Factors that the judge will use in making this decision include: 

• Criminal history
• Surrounding circumstances
• Accused’s employment status
• Accused’s living arrangement
• Accused’s standing in the community

In Closing 

Crime doesn’t pay, no matter the amount or the merchandise involved. The repercussions of an arrest for theft will follow you for the rest of your life, no matter how small the value of the theft. From employment to homeownership, voting rights, and standing in the community can all be affected, which will run over into the dynamics of family life too. Children are affected for the remainder of their lives as well, often many of them will turn to a life of crime as well. When you need bail for any charge, give us a call at 706-353-6467.

Inmate Search

When a loved one doesn’t come home and they aren’t answering their cell phone, it can be a concern. Phone calls to the hospitals will only give you basic information about whether there is anyone under that name who is registered. But calling the local jail for an inmate search in Jefferson, GA will often get you additional information.

Before you make those frantic phone calls asking for an inmate, you’ll need to provide them with some basic information such as the full name, age, and description of what they were wearing and of the vehicle they may have been driving. If you need help finding an inmate or need help with bail call Double "O" Bonding at 706-353-6467. 

What information will an inmate search provide? 

With the name and date of birth, the jail staff will confirm if they have anyone by that name and age in custody. They can usually tell you things like: 

• The cause of the arrest
• The date and time of the arrest
• If they are in holding or if they have been arraigned 
• If a bond has been set and the amount

Some jail staff will provide a little more information if they aren’t busy. If you’re doing an inmate search on a holiday or weekend, don’t expect to have much conversation other than the basics we listed. 

What should you do after you’ve found the person in your inmate search? 

You can either call a defense attorney, who will post bail, or you can call a bail bond agent. Both will get the person of your inmate search out of jail if bail was allowed and set by the arraigning judge. 

With a defense attorney, you will need to sign an agreement they are to represent your loved one and that their base fee will be paid by you or the defendant. Some may want a retainer upfront and others will wait until the first official meeting in the office. If you have a family attorney, you may not have to pay anything until their court date, verdict, and sentencing have taken place. 

With a bail bond agent, you’ll be required to come to their office for paperwork and to pay a fee before they go to the courthouse. The fee is usually 10% of the bail amount the judge set, but depending on the accused crime, it could be as much as 20%. 

Both the defense attorney and the bail bond agent will take inmate search steps themselves before having you sign any paperwork. They may be able to have the bail amount reduced or even waived in some rare cases. And they can usually get more information about the arrest and surrounding circumstances to give you a better idea of what happened. 

What happens next? 

Once you have a successful inmate search and found your loved one, got a bail bond agent or defense attorney to post bail, they will advise you and the defendant of the next steps to expect. This will typically start by meeting with a defense attorney and reviewing the arrest records. They will take notes and advise the defendant how to proceed starting with the appearance in court. 

Does the inmate search process cost? 

No, most cities, counties, and states offer inmate searches on their website at no charge. If you don’t find the person you’re looking for online, you can call, but again, depending on the day of the week and time of day, you may find yourself on hold for an extended time. As it is said, ‘you get what you pay for’ and since the inmate search is free, the level of information you get via phone or online may be extremely basic and limited. 

If you have a bail bond agent or defense attorney do the inmate search for you instead, they have the right to charge you. While they may use the same online search that is available to you, most of them have their own portal that provides more information that they can relay to you – at a cost. 

After the inmate search and court hearing, what happens? 

That will all depend on what the charges were that resulted in the arrest and if the person was found guilty, and if they have any criminal history. The one thing for certain in all of this, you and your loved one have a long road ahead of legalities and more. This arrest can affect their employment, their standing in the community, their family’s finances, and their future. 

In Conclusion

Hopefully, you never have the need for an inmate search, but if you find yourself in this position, it is easier today with online abilities to find where your loved ones are. While being arrested and all that entails isn’t the best scenario, it is better to know they are alive and well in general as opposed to what a hospital may have to tell you. Need to have someone bailed out of jail? Call the experts at 706-353-6467.

What is the cost of disorderly conduct bail bond?

It may be all fun and games, then it may be angry and mad, but needing disorderly conduct bail can be the result when things get out of hand. Every city and state have different considerations of what is considered disorderly conduct, bail amounts can vary based on different factors. 

Life seems easy-going and laid back in Jefferson, Georgia, with friendly residents and all the things that make America great. But there are laws and law enforcement officers to keep things going smoothly. So, can you get arrested for a disorderly conduct? Absolutely, that is how this city has remained to be an easy-going and laid-back city! 

If it weren’t for the fear of being arrested and posting disorderly conduct bail, it may be like the wild, wild, wild west, (east of Texas). So, what counts as disorderly conduct, what are examples of disorderly conduct? There are several ways that can be considered disorderly conduct. The following are 4 of the ways possible: 

A person acting in a violent manner towards another person, giving them a reasonable fear of their own safety.

A person acting in a violent manner towards another person, giving them a reasonable fear, of their property being damaged or destroyed.

Without being provoked, a person uses abusive or opprobrious words in their presence, with an indication of intentions to incite an immediate break of the peace, with words that are common knowledge that, when used have the tendency to provoke violent resentment. Common jargon refers to this as “fighting words”. 

Without being provoked, a person uses obscene, profane, or vulgar language in the presence of a child 14 years old or younger, either by phone or in person that is received as threatening. 

What is the punishment for a disorderly conduct? 

In Jefferson, Georgia, an arrest for disorderly conduct, bail posted, the following can be expected as punishment for a misdemeanor charge: 

Maximum fines of $1,000 and/or 

Maximum one-year incarceration in county or state facility 

Can you get a bail bond for a disorderly conduct?

Yes, disorderly conduct bail is possible for anyone arrested on those charges. Seeking the bail bond assistance from a bail bonds agent, or hiring a criminal defense attorney.  Going the route of an attorney is recommended if you feel the arrest and charges were not legitimate.

However, if you’re arrested on a “public drunkenness” charge, the matter is a separate offense and may be handled differently. This includes a blood test or breathalyzer, and the arrested person could face the disorderly conduct charge and public drunkenness charges too. The disorderly conduct bail will include additional bail for the second charge. 

How much does a disorderly conduct bail cost?

A disorder conduct bail amount will be determined by the arraignment judge, just as it is with any other type of arrest that results in bail being set. The maximum fine for disorderly conduct charges in Jefferson, Georgia is $1,000 with the possibility of maximum one-year incarceration. 

The purpose of the bail is to provide an incentive for the defendant to return for assigned court date, so the judge may set the bail amount at any amount as they see fit. To get a bail bond with a bail bond agency is typically 10% of the bail amount plus any fees they charge.  The disorderly conduct bail posted will not include any additional court fees or fines that may be required.

How do disorderly conduct bail work?

Once you have been arrested and taken to jail, you’ll be “booked”, meaning your fingerprints, mug shot, and personal information collected like name, address, phone number, driver’s license, etc. Then you’ll be placed in a holding cell until it is your turn to be presented before the arraignment judge.

The judge will review the charges, the defendant’s criminal record, standing in the community, etc. then set the bail amount as allowed by pre-defined policies. The bail amount is stated, and the defendant has the opportunity to post the bail bond at that moment if they are able or given their one phone call to find a family, friend, lawyer, or bail bond agent to come post bail for their release. 

Once the disorderly conduct bail bond has been posted, the defendant is free to go. They will be advised of the court date established and must return for this date or the bail bond is forfeited. In this case, the defendant will be returned to jail. 

Additional Questions on Disorderly Conduct Bail 

How long can you go to jail for a disorderly conduct?

In Jefferson, Georgia, the maximum time of incarceration for disorderly conduct bail is $1,000. If other charges are applied at the same time, the bail amount will be higher. Can disorderly conduct charges be dropped? Yes, with the experience of a criminal defense lawyer, they will present your case in a way that makes the state’s standing insufficient could have the charges dropped.

If you need a disorderly conduct bail bond in Jefferson, GA, call 706-353-6467.

The State of Georgia

When you get that ‘one’ phone call allowed by someone arrested for DUI, bail bond help is usually the reason they’re calling. States all across this country are getting more diligent every year on DUIs, including here in Georgia. 

Each state has different descriptions and limitations of what is considered a DUI. Here in Georgia, what is a DUI charge? There are two examples of how a driver in this state could find themselves arrested and needs to post a DUI bail bond. The two situations that can lead to this moment are:

• DUI:  A person can be found violating the Georgia DUI law if it is proven they have been consuming alcohol, drugs, or a combination, and driving in an unsafe manner. The law enforcement officer will perform field sobriety tests and if the driver fails, they will be arrested, and taken to a hospital for a blood draw. The BAC (blood alcohol content) will be checked and in Georgia, a BAC of less than 0.08 can get a driver arrested. 
• DUI “Per Se”: The same scenario can cause an officer to pull a vehicle over, perform field sobriety tests, arrest, and a blood draw at a hospital. The difference is if the BAC comes back with a BAC of 0.08% or higher.

What happens when you get pulled over for DUI for the first time?

The DUI laws are complicated, different from state to state, and constantly changing. It is those changes that can affect the outcome of the first-time DUI or subsequent DUI arrest. Hiring an experienced DUI defense attorney is the best way to get the best outcome. 

After the arrest and posting the DUI bail bond to get released, upon court date, the potential outcome can be any or all of the following: 

• 1 year of probation
• A $300 minimum fine, court costs, and surcharges
• One to ten days in jail
• Community service for a minimum of 40 hours
• Alcohol or drug abuse counseling
• Attendance of DUI School, Madd Mothers Victim Impact Panel
• Suspended Driver’s License

Will I get arrested after my first DUI, how likely is it that you get arrested for your first DUI?

Yes, a person that is pulled over for suspicion of DUI will be arrested in the state of Georgia if they fail the field sobriety tests conducted by the attending law enforcement officer.  If they pass the testing, the officer still has the option of arresting the person and taking them to a hospital for BAC testing.  Even with a BAC of less than .08%, the person could still be arrested, required to post a DUI bail bond, and appear before the courts. 

What are the consequences of your first DUI?

The state of Georgia doesn’t take DUI possibilities lightly. The courts can impose the following criminal penalties for a first DUI arrest that include.:

• Fines
• Jail time
• Public service
• Suspension driver’s license

There are personal consequences that any person released on DUI bail can expect that include: 

• Loss of employment
• Financial strain
• Loss of family and friends
• Loss of community reputation

How likely is jail time for your first DUI?

If a driver fails the sobriety tests administered by the law enforcement officer and has a BAC under.08%, the DUI laws in Georgia will lead to arrests. For persons under the age of 21 years, there is a zero-tolerance law. A person under 21 years of age with a BAC of 0.02% and up will be arrested, their Driver’s License Revoked, six months minimum jail time, and court fines and fees. 

Will you lose your license for your first DUI?

In the state of Georgia, a first DUI conviction, the driver will have their driver’s license confiscated by the court. It is then surrendered to the Department of Driver Services office. 

Can DUI charges be dropped for your first offense?

The new laws in place in 2022 in Georgia are stricter. A first-time DUI arrest with a DUI bail bond posted has a good chance of their DUI charges being dropped. A repeat DUI offender with a 2^nd DUI arrest could have their charges dropped, most likely changed to reckless driving. 

Can your first DUI be dismissed?

For anyone with a DUI arrest, first, second, or subsequent DUI charges, it is best to have an experienced attorney to represent the defendant. With an experienced DUI defense attorney handling the arrest after posting your DUI bail bond, it is possible to have a first-time DUI charge dropped. 

In Conclusion

The best way to prevent a DUI arrest and DUI bail bond need is to not drink and drive. A person that chooses to drink should find a ride home, either from a family member, a friend, or call a service like a taxi, Uber, or other type services. 

Double "O" Bonding helps with a DUI bail bondin Jefferson, GA. Call 706-353-6467 to get started.

Dealing With a DUI

In Georgia, can you get arrested for a DUI? Yes, and like the rest of the country, the state of Georgia has taken a strong stand against driving under the influence, of alcohol or drugs. With that decision comes higher DUI bail amounts set by presiding judges, and stiffer penalties if found guilty. 

What is considered a DUI?

And is drunk driving a crime? Yes, in Georgia, drunk driving is a crime and dangerous.  DUI – Driving Under the Influence in George encompasses both alcohol and drugs. A driver that tests for .08 Blood Alcohol Content (BAC) or more, receives an automatic DUI charge. 

Georgia considers all cases involving a DUI to be filed as a misdemeanor or a felony offense. Even with a first-time offense, the accused faces the possible risk of a permanent criminal record. However, more than 90% of all DUI arrests in the state are filed as a misdemeanor with the DUI bail amount in line with the offense. 

Still, even for a first-time offense risk, there is the unknown and still face the possibilities of negative consequences with employment and other aspects of the future. Even if released on a misdemeanor DUI bail bond posting, there is still a criminal record established. 

There are two elements that can have you arrested for DUI; bail posting will be decided by the judge after reviewing all matters.  The elements are: 

• One: You do not have to be driving the vehicle. You can be parked with the motor off, but if the keys are in the ignition and you’re behind the wheel, you are considered DUI because you have “Physical Control” of the vehicle. 
• Two: As the driver, if you are under the influence of drugs or intoxicated by alcohol consumption, the prosecution will have to prove beyond reasonable doubt that you were DUI at the time of your arrest, even if the judge allows DUI bail to be posted for release.

Is a DUI a felony?

The state of Georgia, in general, considers most DUI convictions as a misdemeanor. Equate the penalties to that of a moving violation or causing a minor accident. However, there are situations where a DUI arrest can be upgraded to a felony charge, and the DUI bail may be denied by the judge.  Those situations include: 

A FOURTH DUI CONVICTION

As of July 1, 2008, the state of Georgia deemed a fourth DUI conviction to be tried as a felony. The DUI bail, if allowed, will be considerably higher and the penalties are harsher with possible DUI bail denied: 

• Minimum fine of $1,000 to a maximum $5,000

• Minimum imprisonment 1 year to a maximum of 5 years

• Minimum of  sixty days of community service, suspended if the sentencing is for a minimum of 3 years prison time

• Probation for a minimum of five years 
• Required DUI Alcohol or Drug Use program within four months of conviction

• Clinical evaluation

• Required completion of a substance abuse treatment program if clinical evaluation deems needed

Anyone that causes injury or death while DUI in the state of Georgia will face the following punishments with felony charge that results in the following: 

• Victim’s deprived of any part of their body

• Victim’s body is rendered useless

• Victim’s body or body part is seriously disfigured 

• Victim suffers organic brain damage

A person convicted of a DUI that results in another person’s death will be sentenced to a minimum of 3 years to a maximum of 15 years in prison. If a person convicted of a DUI result in another person suffering a severe injury, punishment can range from a minimum of 1 year to a maximum of 15 years of prison sentencing. 

How long can you go to jail for a DUI?

There are significant consequences when charged with DUI in the Peach State. IF DUI bail is allowed and has been posted, the consequences include:

First DUI Conviction: Minimum fine of $300 and twenty-four hours in jail. Other possible consequences can include:

• 40 hours of community service
• 12 months of probation
• DUI Alcohol or Drug Use Courses
• Substance abuse evaluation
• Maximum fine of $1,000, maximum 1 year in jail, or both fine and jail time. 

Second DUI within a 10-year period: 

• Minimum is seventy-two hours in jail, $600.00 fine, 10 days community service, 1-year probation, required DUI School, and substance abuse evaluation. 
• Maximum fine of $1,000 and up to 1 year in jail. 

Third DUI and beyond within 10 years:

• Aggravated misdemeanor charge with a minimum fifteen days in jail, minimum $1,000 fine, 10 days community service, required DUI school, 1 year probation, required substance abuse evaluation, and any additional orders by the judge. 
• The maximum penalty includes 1 year in jail and a $5,000 fine.

How much does a DUI Bail cost? 

The range of DUI Bail in Georgia is between $150 and $2,500 with the bail bond typically 10% of the bail amount. A DUI bail amount will vary on several factors including the defendant’s previous criminal history, surrounding facts of the arrest, and the defendant’s community standing. 

How do DUI bail bonds work? 

Once a judge sets the DUI bail amount, the defendant can post the full amount with the court. Other options are to call a criminal defense attorney or have somebody post bail with a bail bond agency or agent. Once the defendant has completed all required court-ordered mandates and the court date has been completed, the bail amount posted is refunded minus any fees. 

In Closing 

A common question from first-time DUI offenders is, “Can DUI charges get dropped?”, and the answer is maybe. You’ll need to hire an experienced lawyer. What types of lawyers work on DUI cases? You want one that has criminal experience for DUI charges with positive results. 

They will review the case, your background, and community standing then file for dismissal. The prosecution will have a say in the matter and your defense lawyer needs to be able to show reasonable doubt on the arrest and the surrounding situation. 

What is probation?

In Georgia, the purpose of probation isn’t just to relieve the expense of feeding and housing another prisoner. It isn’t to relieve the stress of overcrowding in the jail system either, although both are key factors. Probation is an alternative to incarceration and allows the defendant to remain at home with family and the community. But when the defendant has a probation violation, the probation violation bail after the arrest can be higher than the original bail, and they find themselves behind bars again. 

What happens when you’re on probation?

When a defendant receives probation in Georgia, it is allowing them to satisfy their jail sentence without being in custody, aka, incarcerated. A judge will determine the terms of your probation, but the conditions will typically include one, a mixture of, or all the following:  

• Do not violate any laws.
• Avoid alcoholic intoxication and narcotic habits as well as other non-prescription drugs.
• Avoid disreputable persons or places.
• Report to the probation officer as directed.
• Allow probation officers home or job visits. 
• Maintain suitable employment.
• Advise court if you move or leave the city, county, state, or country.

Other conditions that can be required for probation are: 

• Attend alcohol/drug awareness courses.
• Attend and complete defensive driving school.
• Attend a MADD, (Mothers Against Drunk Driving), Victim Impact Panel.
• Submit to substance abuse evaluation, aka blood, hair, or other samples, and follow any recommended treatment.
• Undergo evaluation for anger management, deviant behavior, sexual deviancy and/or counseling for other special needs. 
• Pay all fines and/or any restitution as directed by the courts or probation officer.
• Perform required community service hours.
• Pay monthly probation fees.
• Do not consume or use any alcohol or drugs without a prescription.
• Submit to random alcohol and drug tests at your expense as directed by the judge or probation officer.

If a defendant misses any or all the restrictions imposed upon them by the judge or probation officer, it is considered a probation violation, bail may or may not be offered by the judge. 

What is a probation violation?

Probation is preferable to doing time behind bars, and there is some flexibility that incarceration doesn’t have. The requirements and rules are spelled out at sentencing and again with the first parole officer meeting. 

The probation order of requirements is those we listed above with the offender’s conduct being the key factor to obeying those requirements. When the common terms and conditions are avoided, disobeyed, or missed, it is a probation violation. Bail may or may not be allowed by the judge based on the original crime and if a crime was committed as part of the violation. 

Is probation violation a new charge?

Yes, it is a separate charge and there may be a probation violation bail issued by the judge, or they may determine the defendant should not be released before their original hearing.

What happens if you violate probation?

An arrest warrant is issued by the presiding judge. You will be placed in jail to await your hearing for probation violation and the original probation may be revoked. If the probation is revoked, you’ll be returned to jail to await trial for your original offense. 

Any success in getting a probation violation bail is slim, but an experienced criminal defense attorney will know how to get a bond for the violation of probation and can present your case in court. 

A “technical probation violation” is more likely to be granted another bail release. A “violation of probation based on a new arrest” however indicates you were committing another crime and chances of getting released on new probation aren’t likely.

Does a probation violation go on your record?

In most cases, yes. With the assistance, guidance, and knowledge of an experienced criminal defense attorney, they can petition the court to have it removed or the records sealed.  This is typical for a first time offender, but a repeat offender, the petition will likely be rejected. 

Can you get a lawyer for a probation violation?

Absolutely – it is recommended that if you don’t have a criminal defense attorney already, and you have committed a probation violation, bail can be posted by the attorney or a bail bond agent. It is always recommended anytime criminal charges are involved, to hire an attorney for representation. 

Can you be bailed out of jail for a probation violation?

It will depend on the cause of the probation violation; bail may not be granted by the judge. A technical violation will have a good chance of getting bailed out again. However, you will still have two trials to attend, one for the original crime and the second for the probation violation. 

In Closing- Can you violate probation and not go to jail? 

Yes, if the probation violation is a technical violation, which are minor issues like missing an appointment, you will not necessarily face jail time. This is a decision the probation officer makes whether they feel they need to notify the judge and recommend further action.

Understanding Your Charges

Sometimes, people gather for a sports game or some type of celebration, and things get a little out of hand. Or maybe there is a domestic dispute that gets out of hand. In either case, somebody is arrested, leaving family and friends getting funds together for disorderly conduct bail money. 

Getting a Lawyer for Disorderly Conduct Charges

When a person is arrested and needs disorderly conduct bail, they may question, “Should I get a lawyer for disorderly conduct?” And the answer is yes. Having legal representation is always recommended in a criminal defense situation. 

In the State of Georgia, disorderly conduct definition is broadly defined, as are many other crimes. In Georgia, the law defines disorderly conduct as a tumultuous or violent act committed towards another person(s), causing them to fear the person exhibiting disorderly conduct. This can include any obscene language being used in the presence of a child 14 years old or younger, or any language that could incite violence.

This makes a wrongful conviction a strong possibility, which supports the fact that having legal protection and representation is a must. With a criminal defense lawyer on your side, the disorderly conduct bail set by the judge could be negotiated down, requiring a lower amount of disorderly conduct bail.

What kind of crime is disorderly conduct?

The purpose of disorderly conduct laws is to protect the general public, not for the local or state to collect disorderly conduct bail monies. Disorderly conduct and disturbing the peace are both considered to be acts that can cause or create alarm or anger in other persons. An arrest requiring disorderly conduct bail may include any behaviors that can lead to potential illegal acts being conducted.

The following are examples of commonly disorderly conduct charges:

• Abusive and/or obscene language
• Excessive loud noises in public places
• Physical attack on person or persons
• Traffic obstruction

How bad is a disorderly conduct charge?

A disorderly conduct arrest is often considered to be a catchall arrest that law enforcement uses when they are being confronted by a person(s) they feel is a threat to the general public. Many that have been arrested and had to pay disorderly conduct bail believe this charge is used to “teach a lesson” or be made an example to others. Many defense lawyers claim that law enforcement uses it when they are irritated, and this is an arrest grounds that shouldn’t exist. 

In Georgia, a disorderly conduct charge is classified as a misdemeanor offense. A judge sentence of 1 year maximum jail time with a $1,000 fine. This is at the judge’s discretion. They may also choose to sentence a defendant to probation instead of time behind bars along with the fine and community service. In some cases, depending on the surrounding situation of the arrest, they may order the defendant to attend an alcohol awareness class. This all takes place after the judge has set a bond and the defendant is still required to post a disorderly conduct bail to be released originally. 

Is disorderly conduct considered a violent crime?

Disorderly conduct is classified as a misdemeanor or an infraction of the law. However, law enforcement officers will utilize this law to maintain a peaceful protest and keep things from getting out of hand and turning violent.

Will disorderly conduct affect employment?

It could, depending on the employer and the position you hold within the company. While disorderly conduct is classified as a misdemeanor and a relatively minor crime, it will still be a permanent mark on your criminal record. With that, it could show on a background check for any potential employer or landlord. 

What happens when you go to court for disorderly conduct?

After being arrested on disorderly conduct charges and posting disorderly conduct bail, you will be given a court date to appear before the judge. At that time, the judge will read the charges against you and ask you to enter a plea.

At this time, if you have hired a defense attorney, they will enter the plea for you, and if they plead not guilty, they will be required to present the facts in your favor. Because a disorderly conduct charge is often subjective, your lawyer has a strong possibility of proving your innocence. With all the information from you, they will be able to create a defense that could get the charges dropped, or perhaps probation in lieu of time served. 

At The End of Your Court Date – Can disorderly conduct charges be dropped?

Because the disorderly conduct law is a very subjective crime, it can often be beaten by an experienced criminal defense lawyer. With a well-informed defense lawyer, meaning the defendant must tell them everything about the situation where the disorderly conduct arrest happened, they are often shown the charges are based on vague grounds. Thus the charges are dropped. 

Can you go to jail for theft?

For the average person, the statement of, “why theft is a crime”, seems – well, dumb, right? Theft is a crime because it is wrong. But what is considered theft? Any crime where a person takes something that belongs to another without the rightful owner’s permission is a form of theft. 

Yes, though it will depend on what was taken and the value. In the State of Georgia, theft can be categorized as a felony or a misdemeanor. Theft of property with a value of $500 or less is a misdemeanor. The penalty for a misdemeanor theft is a maximum jail time of one year and a maximum fine of $1,000.

What are the different types of theft?

Theft is rooted in the earliest records of civilization, making it one of the oldest crimes in history. As times have changed and evolved, so has theft. We have gone from stealing a chicken to stealing cars to identity theft. In general, the severity of the theft is related to the dollar value of the property. 

The severity of the punishment in Georgia or any state is based on the value of the allegedly stolen material, prior convictions of the accused, and other factors. A general look over the different types of theft identified in the State of Georgia’s statute is as follows: 

• Theft by Deception: When a person commits theft by deception, they have deceitfully obtained property with the intention of denying the owner of the stolen property. 
• Theft by Shoplifting: A shoplifting offense is when a person or persons take merchandise for their own use without paying for the merchandise, depriving the rightful owner possession of the property. 

Is theft a felony?

Theft is a felony when the property involved is worth $500 or more. It is the judge’s discretion to determine the theft as a misdemeanor or a felony offense. If the judge decides it is a felony, the punishment issued can be one to ten years prison time. Other particular circumstances that make the theft a felony in the state of Georgia include:

• Employee theft of government or bank property. A guilty verdict can be punished with a fine and prison time of  one to fifteen years.
• Theft of cemetery or gravesite decoration. A guilty verdict can be punished by prison time of one to three years.
• Theft of a motor vehicle or parts valued at $1,000 or more can be punished with up to ten years in prison if found guilty. 

What are the degrees of theft?

Shoplifting and theft offenses can add up quickly to felony penalties in Georgia. An offense resulting in one-year incarceration is considered a misdemeanor. A punishment of more than one year could become a felony with a fine of $100,000. The state penalizes the majority of theft offenses by the type of theft and the value of the property or service. There are separate penalties for extortion and shoplifting.

Misdemeanor Theft

Property or service valued at a max of $1,500 or less is punishable by up to 1 year of jail time and a fine of $1,000. After 6 months of the sentence is served, the offender may be allowed at the judge’s discretion to complete the sentence on weekends or non-working hours.

With two or more previous theft convictions, the misdemeanor penalty is bumped to a felony wobbler. With this, the judge can decide to impose a 1-year jail sentence as a misdemeanor or a felony with a 1 to a 5-year prison term. 

Wobbler Offenses: Felony or Misdemeanor Theft

Property or service theft of over $1,500 but under $5,000 will carry a prison term of 1 to 5 years. Property or service value over $5,000 and under $25,000 is punishable with a 1 to 10 years prison term.  A wobbler offense means the judge can decide to skip the felony penalty and give the defendant a misdemeanor penalty.

Felony Theft

Felony penalties are handed down for the following theft offenses:  

• Theft of property or service with a value of  $25,000 or more may be sentenced to incarceration of 2 to 20 years
• Theft of property containing a breach of a fiduciary agreement may be sentenced to incarceration of 1 to 15 years
• Theft by a government or financial institution employee involving a breach of duties is punishable by incarceration of 1 to 15 years
• Theft by deception of any property valued over $500 from a person of 65 year old or older is punishable by 5 to 10 years’ incarceration
• Theft of anhydrous ammonia in any amount is punishable by 1 to 10 years of incarceration
• Theft of an explosive, firearm or any destructive device is punishable by incarceration of 1 to 10 years with a 5-year minimum if it is a 2^nd or subsequent conviction
• Theft of a gravesite or memorial is punishable by 1 to 3 years of incarceration.
• Theft by extortion or threats will carry a penalty with the sentencing of 1 to 10 years prison time. Theft of trade secrets is a misdemeanor up to a $100 value. Over $100 it becomes a felony charge with a punishment of 1 to 5 years of incarceration.

Recidivist Enhancement

Harsh penalties are imposed for repeat felony convictions with the 2^nd or a subsequent felony conviction, the maximum sentence will be mandated. In a 4^th or subsequent offense, the offender becomes ineligible for parole. 

What is theft without intent?

In the State of Georgia, theft requires that the person accused of theft has intent to deprive the original owner of their property. The burden is on the prosecution to prove this was the intention. An experienced defense attorney will be able to review and build navigation to disprove the prosecution. 

Theft vs larceny – what is the difference? 

Broadly speaking, “theft” is an umbrella term that many types of stealing are placed under, from identity theft to intellectual theft, and more.  In Georgia, larceny is typically a reference to theft by taking. This means that larceny is physically taking property that belongs to another person. 

In Closing 

One other type of theft that is all too common is the theft of services.  What is theft for services? This crime is when you have received a service and didn’t pay the bill. An example would be skipping out a restaurant tab. If you need help with bail for theft, you can reach out to our team by calling at 706-353-6467.

What You Should Know About Arrests

The arrest procedure is scary for most. Unfortunately, it is too common an occurrence. However, when is an arrest not mandatory? An arrest procedure is typically made by a person of authority, like law enforcement. An arrest can take place because there is a warrant for a person’s arrest, or certain circumstances give law enforcement incentive to start an arrest procedure. 

It is important for a person going through an arrest procedure to be mindful of what they say during the process. As the Miranda Rights state, “anything that you say can and will be used in a court of law”. Remaining calm and keeping a polite attitude are key during the arrest procedure. 

What is the arrest procedure?

An arrest procedure begins when a law enforcement officer uses their legal authority to restrict a suspect’s freedom. The arresting officer must have probable cause for the arrest process to begin, or else have an arrest warrant issued by a judge. 

There is also a citizen’s arrest procedure in the State of Georgia. This arrest procedure was established over 150 years ago with the goal of providing the citizens of Georgia greater protection when communication methods and travel distances inhibited law enforcement from being present. 

Law-abiding citizens were allowed to intercede and arrest or detain a suspect until they could be presented to the courts and justice served. While this law is still valid in Georgia, there have been many changes over the years. The laws for a citizen arrest procedure are under scrutiny and the proponents of citizen arrest are defended vigorously. 

What is an arrest and when does it occur?

The arrest procedure occurs is protected by the 4th Amendment of the U.S. Constitution, and occurs when law enforcement officers take a person suspected of a crime into custody. Once that suspect is unable to walk away freely from that arresting officer, they are under arrest and advised that this is the case at that time. 

An arrest procedure is only supported by the 4th Amendment when law enforcement has probable cause, meaning they have reason to believe a crime has been committed by the suspect. The courts and legislatures have picked up from where many believe the Fourth Amendment stops and have developed further rules including when and why an arrest procedure can take place. 

What do they say when they arrest you?

Any law enforcement starting the arrest procedure and detaining a subject must provide the individual their “Miranda Rights” before they can begin any questioning. The Miranda Rights are provided to inform the person being arrested of their constitutional rights and contains the following information and statements, though not in any particular order or specific verbiage. The goal is to convey an individual’s rights in a clear and understandable manner: Information conveyed to individuals includes:

• You have the right to remain silent.
• Anything you say can and will be used in a court of law.
• You have the right to an attorney during questioning.
• If you cannot afford an attorney, one will be appointed to you. 

What happens when you are under arrest?

Being arrested can be confusing and intimidating, which is why you want to hire a criminal defense attorney as soon as possible. They can walk you through the entire arrest up to the sentencing process and follow up to ensure your rights have been upheld and honored. 

The arrest process will follow these steps: 

• The Booking. After your arrest, you are taken into custody. You’ll then be fingerprinted and photographed at the police station. At this time, the police have the right to hold you waiting on bail or release you with the understanding you’ll be required to appear for your court hearing.
• The Arraignment. At this time, you will be instructed to enter a plea before a judge. The guidance of a defense attorney is valuable before you get to this point. Your plea of guilty, not guilty, or no contest can be a factor in how the rest of your arrest procedure turns out. 
• The Plea Bargaining: Plea bargaining is typical and allows the defendant to have the charges against them dropped or reduced. Again, having a defense attorney is helpful at this point. 
• The Trial and Sentencing: If a plea bargain isn’t reached, the case will proceed to the trial phase. If the defendant is found guilty, the judge then issues sentencing.

Is resisting arrest a misdemeanor or felony?

In the State of Georgia, resisting an arrest procedure by a law enforcement officer knowingly and willfully is a misdemeanor and punishable by a year in county jail. This is in addition to any charges made due to the original arrest. 

In Closing – Is an arrest without a warrant legal? 

There are numerous laws that regulate the arrest procedure, and there are numerous laws regulating search and seizure. The purpose of these laws is to ensure everyone is treated fairly in any situation with an arrest procedure. An arrest is usually made by authorized law enforcement and may take place with or without a warrant. A warrant provides documentation giving law enforcement the right to arrest a specific individual. However, do note that an arrest procedure can still take place without a warrant if the arresting officer has the aforementioned probable cause. If you need legal help with an arrest procedure in Jefferson, GA, contact Double "O" Bonding by calling 706-353-6467.