It’s a promise or contract with the accused to return to court – or else! In most cases, a judge will determine a money amount required for the accused’s release, based on the case facts, criminal history, and other factors. When the set bond is paid, the person will be released under certain conditions, the main one being to return to court for all remaining dates. As long as all conditions are met, the paid amount is returned (minus a small fee) at the end of the case.

Probable cause is a legal term specifying the level of evidence required at a particular stage of the criminal process. It refers to the likelihood that a crime was committed and that the accused is responsible. This standard is lower than “beyond a reasonable doubt” needed for conviction. It is required for police searches, arrests, and in many cases, to keep someone detained pending trial. The concept is rooted in the Fourth Amendment of the U.S. Constitution.

Arraignment is the first hearing after charges are initiated through an indictment or prosecutor’s accusation. During arraignment, the judge reads the charges to the Accused (unless waived) and confirms that legal representation is in place. The judge will typically require the Accused to sign the charging document and enter a plea of “Not Guilty” or “Guilty.” Judges may also set deadlines for filing motions and other legal arguments, and sometimes trial dates are predetermined.

The First Appearance Hearing is held within 42-72 hours after arrest. At this hearing, the government must demonstrate probable cause to hold the Accused for the alleged crime. The judge informs the Accused of the charges and ensures that legal counsel is available—either through private hire or court-appointed. The judge then makes a determination regarding bond. This hearing is typically brief and does not involve a discussion of guilt or innocence.

A person must see a Judge within a reasonable time after arrest to determine if there is probable cause to hold them for the alleged crime. Typically, if arrested without a warrant, a Judge must be seen within 48 hours, and if arrested with a warrant, within 72 hours. This is generally known as the First Appearance Hearing.

If you have been contacted by law enforcement (usually a sergeant or detective) via phone or in person, it may indicate that you are a suspect or a witness in an investigation. It is essential to handle such contact very carefully. Any statements you make could potentially be used against you. Alternatively, the officer might be attempting to locate you for further investigation. In any case, it is critical to consult with an attorney before engaging with law enforcement. Plan a course of action with your lawyer rather than speaking with the officer directly.

After bonding out, you and your lawyer should immediately set goals and strategize for your case. Using this time effectively can give you an advantage in preparing your defense before the State brings your case to court.

Preliminary hearings in Georgia are often considered probable cause hearings. They typically occur at least two weeks after arrest or 1-2 months in areas with infrequent court calendars. In some jurisdictions, a preliminary hearing will only be held if requested. If the Accused is released on bond or if a grand jury returns a true bill of indictment, the hearing may be waived.

An indictment is a formal charge that an Accused has committed a crime, decided by a grand jury composed of 16 to 23 randomly selected citizens. The grand jury hears a basic presentation of the evidence, often from the arresting officer, and if convinced there is enough evidence, returns a “true bill” of indictment. If the grand jury determines there isn’t sufficient evidence (or probable cause), it issues a “no bill,” and the charges are dropped. In some cases involving less severe crimes, the case may proceed on an “accusation” without a grand jury indictment. Once indicted, the Accused cannot request a preliminary hearing regarding probable cause.

It is important to stay calm and contact a juvenile defense attorney as soon as possible. Your child may be taken to a juvenile detention center or released to a parent or guardian. In some cases, the court may schedule a detention hearing. At that hearing, a judge may decide whether your child can return home while the case is pending. Your child has rights. They should not answer questions from police, detectives, school officers, or investigators without an attorney present. Even a short statement can affect the case. A juvenile defense attorney can explain the process, help protect your child’s rights, and guide your family through the next steps.

A juvenile case can create a record. Many parents believe juvenile records automatically disappear when a child turns 18, but that is not always the case. Juvenile records are often treated differently from adult criminal records. Some juvenile records may qualify for sealing. If a record is sealed, access to that record becomes more limited. Whether your child qualifies depends on the type of case, the outcome, your child’s age, and whether there were later legal issues. Because every case is different, it is best to speak with a juvenile defense attorney before assuming the record will disappear on its own.

Yes. In some serious cases, a juvenile may be transferred to adult criminal court. This is often called certification or transfer. If a juvenile case moves to adult court, the possible consequences can become more serious. The case may be handled through the adult criminal justice system instead of the juvenile system. Before allowing a transfer, the court may consider several factors. These can include the child’s age, the accusation, prior history, maturity level, public safety concerns, and whether the juvenile system can provide proper supervision or rehabilitation. If your child is facing a serious accusation, it is important to speak with a juvenile defense attorney early. An attorney can review the facts, explain your options, and help your family prepare for the process.