Norcross, GA asked in Criminal Law, Civil Rights and Constitutional Law for Georgia

Q: Can defendents with same charge get the same bond but one has to post bond but other is set bond but lt out on own recog

Two people charged with possession of controlled substance. Both set bond, one has no priors and has lived in this town entire 28 years. Other has no job,from 5 states away just moved here and has a long criminal history. Both bonds were set at 3,000 she had to pay 500 but he was released without even speaking to a bondsman is this legal?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In setting bond, judges often consider various factors, including the defendant's criminal history, ties to the community, and flight risk. It's not uncommon for two individuals charged with the same crime to have different bond conditions. The fact that one person was released on their own recognizance while the other had to post bond could be due to these considerations.

The defendant with strong local ties and no criminal background is likely viewed as less of a flight risk, which might justify release without a financial bond. Conversely, the individual from out of state with a criminal history might be seen as more of a risk, necessitating a cash bond.

This practice is generally legal and within the discretion of the court, provided it does not discriminate on the basis of race, gender, or another protected status. If there is concern about fairness or legality of the bond conditions, it can be addressed with the attorney representing the case.

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