Legal Question in Criminal Law in Georgia

hi

if you never been to jail before and you get charged with aggravated assault and you don't have a criminal record why is it so hard to post bail when no one pressed charges against anybody?


Asked on 7/01/09, 10:05 pm

1 Answer from Attorneys

Kendall Carter The Law Offices of Kendall W. Carter, LLC

Re: hi

Because your relationship with the victim and whether he or she presses charges is not a criteria for the judge's consideration of your eligibility for bail. The case now belongs to the State, and they can make the case with or without the victim's consent.

Among the permissible factors for considering bail are: likelihood of flight from the jurisdiction, likelihood to commit additional similar offenses against other victims or the same victim, the severity of the crime charged, and your prior criminal history.

This message is for informational purposes only, shall not be construed as specific advice, and does not create an attorney-client relationship between sender and recipient or any other reader.

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Answered on 7/02/09, 10:34 am


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