When an individual is charged with a serious violent crime, the Courts in Georgia do not automatically grant a bond. Charges for which a person can be held without bond include, but are not limited to, murder, rape, armed robbery, and drug trafficking.
Inevitably, a client will ask, “why did John Smith who is charged with murder, get a bond, and the Court won’t give me a bond?”
In all likelihood, the DA did not indict the murder defendant within 90 days of arrest. Georgia places a strict requirement that defendants held without bond must be indicted with 90 days of their arrest in order that detention without bond continues. Failure to indict results in the right to a reasonable bond. The DA determines when a case will be presented to the Grand Jury for indictment. Obtaining the information necessary for a case could take longer than anyone would like. Or there may be other circumstances that are not public that could factor into the DA’s choice not to go forward.
Please understand, each case is different and rests on its own circumstances. The events and orders in one case normally do not impact the events and orders of another case.