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Home/Bail Bonds/Felony vs Misdemeanor Bonds

Forsyth County · Cumming · Johns Creek, GA

Felony or misdemeanor: which court sets the bond, and why it changes everything

The same jail books both. After that the paths split — different court, different judge, different timeline, and a bond that can differ by a factor of ten. Here is how to tell which one you are in.

At a glance

Misdemeanor court
State Court of Forsyth County
Felony court
Superior Court, Bell-Forsyth Circuit
First appearance
Magistrate Court, Tribble Gap Rd
Misdemeanor max
12 months
Felony minimum
Over 12 months
Our premium
15% on either
Call (770) 888-4585

The short version

In Georgia a misdemeanor carries a maximum of twelve months. Anything that can be punished by more than twelve months is a felony. That single line decides which courtroom the case lives in, how quickly it moves, and how large the bond is likely to be.

MisdemeanorFelony
Maximum sentenceUp to 12 monthsMore than 12 months
Trial courtState Court of Forsyth CountySuperior Court, Bell-Forsyth Circuit
Bond usually set atFirst appearance, Magistrate CourtFirst appearance or a later bond hearing
Typical bond range$500 – $5,000$5,000 – $100,000+
Case timelineWeeks to monthsMonths to over a year
Grand juryNoYes — indictment required

Where first appearance happens

Both roads start in the same place. Everyone arrested in Forsyth County is booked into the jail at 202 Veterans Memorial Boulevard, and the first appearance hearing is held in Magistrate Court at 1090 Tribble Gap Road. Georgia requires that hearing within 48 hours of a warrantless arrest or 72 hours where a warrant was issued.

For most misdemeanors, a bond is set right there and the case is bound over to State Court. For felonies, the magistrate may set a bond, or may decline and set the matter down for a preliminary hearing or a bond hearing in Superior Court instead. That is the moment where a defence lawyer earns their fee.

Charges that look like one and are the other

Several Forsyth County charges sit right on the line, and which side they land on depends on the facts rather than the name.

  • DUI is usually a misdemeanor, but becomes a felony as a fourth offence within ten years, or where serious injury or death is alleged.
  • Theft by taking is a misdemeanor under $1,500 and a felony above it.
  • Battery is a misdemeanor; aggravated battery, involving serious disfigurement or loss of use, is a felony.
  • Drug possession of under an ounce of marijuana is a misdemeanor; almost every other controlled substance possession is a felony.
  • Family violence battery is a misdemeanor on a first offence and a felony on a second.

If the booking sheet is ambiguous, call us. We read these every day and we would rather tell you the truth than let you plan around a guess.

Common questions

Questions we get asked about this

Which court will the case be in?

Misdemeanors are tried in the State Court of Forsyth County. Felonies go to the Superior Court of the Bell-Forsyth Judicial Circuit. Both start with a first appearance in Magistrate Court.

Are felony bonds always higher?

Almost always, yes, though there is no fixed schedule. A judge weighs the charge, the record, ties to the community and any risk of flight or danger.

How long does a felony case take in Forsyth County?

Longer than most people expect — a felony must be indicted by a grand jury before it can be tried, and the process commonly runs many months. The bond is what keeps someone at work and at home during that time.

Can a felony be reduced to a misdemeanor?

Sometimes, through negotiation with the prosecutor. That is a defence lawyer’s work and it does not change what the bond is tonight.