Bond or Bail is basically a promise or contract with the Accused to come back to court “or else!”

In most cases, a Judge will determine an amount of money required for the release of the Accused based on the facts of the case, the person’s criminal history, and other factors. Upon payment of the set bond to the jail, the person will be released on conditions, with the primary condition being the promise to return to court for all remaining court dates. So long as all conditions are met, the bond amount paid will be returned (minus a nominal fee) at the end of the case.

Bonds are set in amounts that are routinely too high to pay in full. Bonding companies typically charge 12-15% of the overall bond as a fee to post the full amount. Disclaimer: Attorneys are not permitted by Georgia law and ethics to provide financial assistance or assume liability for a client’s bond.

This is an exciting time! If your petition is approved, you might have to leave the country to undergo “consular processing” before obtaining legal permanent residence, especially if you entered without proper inspection.

It can be very intimidating to attend an interview at the U.S. Consulate in your home country. Proper legal representation is essential to ensure you are fully prepared and to reduce the risk of denial.

This is common, especially if you moved from your previous address. If you did not update your address with immigration, you might have missed the notification and your court date.

To determine what is happening with your case, locate your Alien Number and call the Executive Office for Immigration Review (EOIR) hotline at 1-800-898-7180.

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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.

If your Green Card is still valid, you simply need to file Form I-90 with USCIS to replace it.

Follow this link to file the form and pay online: https://www.uscis.gov/green-card/after-green-card-granted/replace-green-card

Probable Cause is a legal term that specifies the level of evidence required for 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 the “beyond a reasonable doubt” requirement for conviction. It is necessary for police searches, arrests, and in many cases, for holding someone in custody pending prosecution. The concept is rooted in the Fourth Amendment of the U.S. Constitution.

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.