State and County Bail Bonds
What is the difference between state and county bail bonds? Well all bail bonds are either state or county level. When people inquire about state and county bail bonds, it is most often county level. Other names for these bail bonds include appearance bonds or court bonds. They account for 99% of the bail bonds written in Cherokee County. When seeking a state or Cherokee county bail bond, you can expect to pay a standard 10% non-negotiable fee.
In both the state and Cherokee county courts, defendants charged with criminal offenses are presumed innocent until the court proceedings find them guilty beyond reasonable doubt. With most state and Cherokee County crimes, the accused may post bail and enjoy freedom until the court adjudicates the case; however, there are some crimes that the law defines as non-bondable offenses. These include capital crime, including life felonies, murder or felony crimes that include a sentence of life imprisonment. When defendants face these charges, they must have an “Author Hearing” before the defendant is set free on a bond.
Judges also have the option of setting a “Nebbia Requirement.” While such requirements are more common in federal courts, the process is virtually identical.
To find out whether or not a loved one is registered within the Cherokee County jail, please use our Cherokee County Inmate Search.
Federal Bail Bonds
Defendants dealing with federal or interstate crimes require Federal bonds. Crimes in these cases include crimes that cross state borders, defacing federal property and crimes that federal agencies, i.e. the FBI, investigates. Other federal offenses include tax evasion, kidnapping, drug trafficking and fraud.
The courts often require a higher bail bond for federal crimes. The premium for the bond is also higher. In the state of Georgia, the standard premium rate for Federal bail bonds is 15%. When working through federal crimes, the proper bail amount is left to the sole discretion of the judge. Normally, judges make the determination when the defendant has his first appearance hearing. In contrast, with state crimes, a standard bond schedule sets the amount of the bond. This allows state and county defendants to bond out without ever appearing before a judge. However, when there are federal charges, defendants usually stay in jail until the first appearance when the judge makes his final determination for the total amount of bail.
Nebbia requirements are more common in federal courts than in the lower courts. With this requirement, either the defendant or his family is required to show that the money or collateral for the bond comes from a legitimate source. In the Nebbia hearing, the bail defendant shows the court, through a motion, proof that the conditions are met. The Nebbia hearing must occur prior to the bail bondsman writing or posting the bond. The hearing requires satisfactory proof to the prosecutors, by both the defendant and his co-signers, the source of the premium monies and collateral offered for the bond.
When selecting a bail bondsman, it is essential to choose one who is familiar with court proceedings and with experience in meeting the Nebbia requirements for the Cherokee County courts. In most cases, it is the bail bondsman that examines the financial assets the defendant proposes to use in underwriting the bond and putting together the “Nebbia Proffer.” Once the bondsman produces the document, he gives it to the attorney for the defendant. In turn, the defending attorney provides it to the prosecuting attorney. Then, the prosecutor has the option of agreeing that the funding sources meet the requirement or that they fail to meet it. If the prosecuting attorney does not accept the Nebbia Proffer, the case goes for before the judge for a Nebbia Hearing to decide the outcome of this issue.
Servicing the Entire Cherokee County
Call us in Cherokee County at 770-557-5998. Our experienced Bail Bond agents are available not only in Canton GA, but the entire Cherokee County cities which include:
We offer worry free services at our offices in Canton GA, Cumming, Forsyth County Georgia, as well as in Dawson and Habersham counties. If you have any questions regarding state and county bail bonds, call us today at 770-557-5998.