Ga. Unif. R. Mag. Ct. 23

As amended through October 9, 2024

Rule 23 - Bail in Criminal Cases

23.1. Misdemeanor cases

Bail in misdemeanor cases shall be set as provided in O.C.G.A. §§ 17-6-1 and 17-6-2.

23.2. Felony cases

Bail in felony cases shall be set by the magistrate court except for those offenses as to which OCGA §§ 17-6-1 or 17-10-1 provides that bail shall be set by the superior court or shall not be available. All defendants in custody must be presented to this court for initial appearance within the time requirements of OCGA § 17-4-26 and § 17-4-62 for further consideration of bail.

23.3. Categories of bail

The court may set bail which may be secured by:

(1)Cash - by a deposit with the sheriff of an amount equal to the required cash bail; or

(2)Property - by real estate located within the State of Georgia with unencumbered equity, not exempted, owned by the accused or surety, valued at double the amount of bail set in the bond; or

(3)Recognizance - in the discretion of the court;

(4)Professional - by a professional bail bondsman authorized by the sheriff and in compliance with the rules and regulations for execution of a surety bail bond.

Bail may be conditioned upon such other specified and reasonable conditions as the court may consider just and proper. The court may restrict the type of security permitted for the bond although the sheriff shall determine what sureties are acceptable when surety bond is permitted.

23.4. Amendment of bail

The magistrate court has the authority to amend any bail previously authorized by the magistrate court under the provisions of O.C.G.A. § 17-6-18.

Ga. Unif. R. Mag. Ct. 23

Former Rule 23 amended and renumbered as new Rule 11 effective October 28, 1993. Former Rule 11 amended and renumbered as new Rule 23 effective October 28, 1993; amended May 11, 2017 effective June 1, 2017.