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Home/Jail & Courts/Georgia Bail Laws & SB 63

Forsyth County · Cumming · Johns Creek, GA

Georgia bail laws, SB 63, and what actually changed

Two statutes decide most of what happens to you after an arrest in Georgia. One caps what a bondsman can charge. The other decides whether you can be released without money at all. Both are worth ten minutes of your evening.

The law in brief

Premium cap
15% of the bond
Minimum premium
$50 per bonded charge
Cap statute
O.C.G.A. § 17-6-30
Restricted offences
O.C.G.A. § 17-6-12
SB 63 effective
2024
First appearance
48–72 hours
Call (770) 888-4585

The 15% cap, and why it is not negotiable upward

Under O.C.G.A. § 17-6-30, a professional bondsman in Georgia may not charge more than 15% of the face amount of the bond — principal plus all applicable surcharges — with a minimum of $50 for each bonded charge. Charging above the cap is a misdemeanor offence, not merely a licensing problem.

So when a bondsman quotes you 15%, that is the ceiling and it is the number most reputable agencies work at. When one quotes you 20% and calls it a “risk fee” or an “after-hours surcharge”, they are describing a crime. And when one quotes 8% with no explanation, ask what the paperwork adds back in later.

SB 63 and bail-restricted offences

Senate Bill 63 took effect in 2024 and substantially expanded the list of offences for which a person cannot be released on an unsecured judicial release, a signature bond or a property bond signed by the accused alone. For a bail-restricted offence, a judge must set a secured bond — cash, approved property, or a surety posted by a licensed bondsman.

The list is long and it now reaches a great many everyday charges. Among the ones we deal with weekly in Forsyth County:

  • Driving under the influence
  • Family violence battery
  • A second or subsequent theft by taking
  • Numerous drug offences
  • Most crimes of violence, and any offence where the accused was already on bond

SB 63 also placed limits on how many bonds charitable organisations may post in a year, which removed a route some families previously relied on.

The practical effect: for a growing share of arrests, somebody has to put up money. That is the change, stated plainly.

Your first appearance rights

Georgia requires that a person arrested without a warrant be brought before a judicial officer within 48 hours. Where an arrest was made on a warrant, the window is 72 hours. In Forsyth County that hearing takes place in Magistrate Court at 1090 Tribble Gap Road.

At first appearance the judge advises the accused of the charges, of the right to counsel, and — for most non-restricted offences — sets a bond. For serious felonies the magistrate may decline to set a bond and refer the question to Superior Court. That is not the end of the road; a defence lawyer can file for a bond hearing.

Types of release Georgia recognises

TypeHow it worksMoney back?
Own recognisance / signatureReleased on a written promise. Not available for bail-restricted offences.Nothing paid
Cash bondFull amount paid to the jail or court.Mostly, at case end, less fees
Property bondReal estate pledged, judge-approved. Slow.Lien released at case end
Surety bondLicensed bondsman posts the full amount for a premium.No — premium is earned

For most families facing a bail-restricted charge at midnight, a surety bond is the only one of those four that can happen tonight.

Common questions

Questions we get asked about this

What is the maximum a bail bondsman can charge in Georgia?

15% of the face amount of the bond, including principal and applicable surcharges, with a minimum of $50 per bonded charge, under O.C.G.A. § 17-6-30. Charging more is a misdemeanor.

What did SB 63 change?

It expanded the list of bail-restricted offences that cannot be released on a signature or unsecured bond, requiring a secured bond instead, and it limited how many bonds charitable organisations can post annually.

Is DUI bail restricted in Georgia?

Yes. DUI is on the bail-restricted list, so release requires cash, approved property or a surety bond.

How quickly must someone see a judge?

Within 48 hours of a warrantless arrest, or 72 hours where the arrest was made on a warrant.

Is the bail bond premium ever refundable?

No. The premium is earned when the bond is posted, whatever the outcome of the case. A cash bond paid directly to the court behaves differently and is largely refundable at the end.