Bonds
Georgia law §17-6-15 provides the Sheriff the authority to establish, publish, and regulate the guidelines and rules for bonding arrested individuals. The administration of this process is performed by the Bonding Administration personnel of the Sheriff’s Office.
There are multiple methods for obtaining the release of an individual incarcerated in the Fulton County Jail. The act requires an individual to ensure the appearance of the arrested individual for all court appearances until adjudication. The obligating individual(s) are known as the surety. The individual being released from custody is referred to as the principal.
Supersedeas Bond
O.C.G.A 5-4-20 a bond payable to the state, or, if the conviction is in a municipal court, payable to the municipality, in amount and with security acceptable to and to be approved by the clerk, judge, or majority of the commissioners, as the case may be, conditioned that the defendant will personally appear and abide the final judgment, order, or sentence upon him in the case. The bond, if payable to the state, may be forfeited in the same manner as any other criminal bond in any court having jurisdiction. If the bond is payable to the municipal corporation, it may be forfeited according to the procedure prescribed in the municipal ordinance or charter. Alternatively, an action may be brought on the bond in any court having jurisdiction. Upon the giving of bond the defendant shall be released from custody in like manner as defendants are released upon supersedeas bonds in criminal cases where a notice of appeal has been filed.
There are multiple methods for obtaining the release of an individual incarcerated in the Fulton County Jail. The act requires an individual to ensure the appearance of the arrested individual for all court appearances until adjudication. The obligating individual(s) are known as the surety. The individual being released from custody is referred to as the principal.
Pretrial Release
Pretrial will review all defendants still in custody. Inmates may be interviewed by Pretrial if eligible and recommended for release if they qualify. A Pretrial release authorizes a reduction in bond amounts or conditional release with specific bond condition requirements. Pretrial representatives shall require supervision of the defendant while out of custody.
Any violations of Pretrial release requirements may result in the arrest of the defendant for failure to comply with bond condition orders.
Out of county property bond
An “Out of County” property bond offered as a guarantee of the principal’s appearance would be located outside of Fulton County and within the State of Georgia. The bond has to be prepared by the Sheriff of the county where the property is located. You will need to contact the Sheriff’s Office of that county for their requirements.
Once the bonding documentation is prepared, it must be presented to this agency in a sealed envelope. If it is not, the paperwork will not be accepted for processing.
The methods available are:
- Cash Bond
- Property Bond
- Professional Bonding Company
Multiple bonds may be required to gain the release of any one incarcerated individual. This is dependent upon the charges against the individual. Each bond has additional fees known as surcharges. In addition, there is a non-refundable bond fee of $20.00 per bond instrument written.
AVAILABLE METHODS
Cash in the full amount of the bond, which will be returned by the court to the surety when the appearance requirements of the bond have been fulfilled. Checks and credit cards are NOT accepted at the facility. The surety listed on the cash bond money receipt has to be the person who appears in the Clerk’s Office for the return of the money. Bonds posted using the cash bond online service will list the defendant as the surety and, upon fulfilling the appearance requirements of the bond, will be refundable only to the defendant.
Cash bonds may be posted on-line for all bondable offenses. The maximum cash amount that can be posted online is $2,500.00 to include all applicable surcharges and fees.
Multiple bonds may be required to gain the release of any one incarcerated individual. This is dependent upon the charges against the individual. Each bond has additional fees known as surcharges. In addition, there is a non-refundable bond fee of $20.00 per bond instrument written.
A cash bond may be refunded only after the court case has been completed. A case is considered completed once the defendant has either gone before the judge or been sentenced, adjudicated not guilty, or the case has been dismissed. A cash bond can be refunded to the person who posted the bond and whose name appears on the bond receipt (known as the Surety). The Surety is the only person that can receive the cash bond refund.
Cash Bond Refunds cannot be assigned to another party. If the criteria are met to receive a Cash Bond Refund, the following documentation is also required:
1. Cash Bond Refund Notice form;
2. Original Cash Bond Receipt; if lost please provide a water, light, gas bill, and/or bank statement. Address listed on bill must match driver’s license.
3. Photo ID (Valid Driver’s License, Passport, Military ID or State ID) – ID will not be accepted if expired; and
4. Final DispositionAll items should be submitted to the address below:
Fulton County Sheriff’s Office Bonding Administration Unit Justice Center Tower, 9th Floor 185 Central Avenue Atlanta, GA 30303 404-612-5136
Residential property offered as a guarantee for the principal to appear in court MUST be located in Fulton County, Georgia. Each individual listed on the warranty deed or quit claim deed and current tax bill must be present to sign related documents upon processing at the facility.
The following documents are required to post a property bond:
1. Warranty deed or quit claim deed + current tax bill
2. Current mortgage statement, and
3. Picture identification issued by a government entity.
Once the case has been settled, a disposition of the case must be provided to the bonding unit along with a valid ID, for the release of the property. The Surety must obtain a copy of the Property Release Form from the Bonding Unit on the 9th floor of the Justice Center Tower located at 185 Central Avenue. Take the property release form and a valid ID to the Fulton Superior Court Clerk’s Office (Ground Floor of the Justice Center Tower) where the transaction for the lien to be release will be completed. An “Out of County” property bond offered as a guarantee of the principal’s appearance would be located outside of Fulton County and within the State of Georgia. The bond has to be prepared by the Sheriff of the county where the property is located. You will need to contact the Sheriff’s Office of that county for their requirements. Once the bonding documentation is prepared, it must be presented to this agency in a sealed envelope. If it not, the paperwork will not be accepted for processing.
Bonds prepared by a company operating as a professional bonding company in Fulton County, must be registered and authorized by the Sheriff’s Office of Fulton County. Any company is subject to being suspended from operation under the rules published by the Sheriff.
Georgia law allows a professional bonding company to charge up to 15% of the face amount of the bond, which such amounts includes the principal amount and all applicable surcharges. In lieu of the percentage, a professional bonding company may charge a minimum of $50 per charge or offense even if it exceeds the statutory limit. This non-refundable fee, with few exceptions, is above the actual cost of posting the bond. The Sheriff’s Office makes no recommendations concerning the use of professional bonding companies.