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Bail and Pretrial Detention in Georgia

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Chapters of the Code it cites

In Georgia, the charge decides who may set bail. Under O.C.G.A. § 17-6-1(a), listed serious offenses are “bailable only before a judge of the superior court” and all others by a court of inquiry. Release is not automatic: the court must find no significant risk of flight, danger, new felonies, or witness intimidation. A person charged only with a misdemeanor may not be refused bail, with one statutory exception.

Offenses only a superior court judge can bail

Section 17-6-1(a) lists:

  • treason, murder, rape, aggravated sodomy, armed robbery, and home invasion in the first degree;
  • aircraft hijacking and hijacking a motor vehicle in the first degree;
  • aggravated child molestation and aggravated sexual battery;
  • manufacturing, distributing, or selling Schedule I or II controlled substances, and violations of §§ 16-13-31 and 16-13-31.1;
  • kidnapping, arson, aggravated assault, or burglary when the person had a prior conviction for, was on probation or parole for, or was on bail for one of those crimes or another listed offense;
  • arson of a law enforcement vehicle, aggravated stalking, violations of § 16-5-46, and violations of Chapter 15 of Title 16.

A person held on one of these charges “may petition the superior court requesting that such person be released on bail” under § 17-6-1(d), and the court must set a hearing within ten days after receiving the petition. When a person is held without bail on one of these charges, § 17-6-1(c) requires that the superior court be notified and, if no petition has been filed, that it set a bail hearing within 30 days after the notice.

All other offenses

“All offenses not included in subsection (a) of this Code section, inclusive of offenses that are violations of local ordinances, are bailable by a court of inquiry.” For misdemeanors, § 17-6-1(b)(1) adds that “Except as provided in subsection (g) of this Code section, at no time, either before a court of inquiry, when indicted or accused, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.” Courts setting misdemeanor bail “shall not impose excessive bail” and may impose only the conditions reasonably necessary to secure court appearances and protect safety.

Two short holds apply before release. A person charged with DUI whose alcohol concentration was 0.08 or more may be held up to six hours after booking. A person arrested without a warrant for family violence is not eligible for bail until taken before a judicial officer.

What the court must find

Under § 17-6-1(e)(1), a court may release a person on bail if it finds that the person poses no significant risk of fleeing or failing to appear; no significant threat or danger to any person, the community, or property; no significant risk of committing a felony pending trial; and no significant risk of intimidating witnesses or obstructing justice. If a person charged with a serious violent felony has a prior conviction for one, § 17-6-1(e)(3) creates a rebuttable presumption that no conditions will assure appearance and safety. How the amount is set and challenged is covered in challenging excessive bond in Georgia.

Secured bonds and bail schedules

A bond set by a judge in a dollar amount “shall be executed in the full-face amount of such bond through secured means” or by property approved by the sheriff (§ 17-6-1(e)(4)). A judge may adopt a written bail schedule, but no schedule, standing order, policy, or ordinance may require release on unsecured judicial release before the accused appears before a judge (§ 17-6-1(f)(1)). Senate Bill 63, effective July 1, 2024, added offenses that are ineligible for unsecured judicial release and limited each individual or organization to three cash bonds a year in any jurisdiction, according to the Office of Legislative Counsel’s 2024 summary.

If bail is refused, the 90-day grand jury rule in § 17-7-50 can lead to bail on application, covered in commitment hearings and grand jury in Georgia.

Steps toward release

  1. Is any charge on the § 17-6-1(a) list, so that only a superior court judge can set bail?
  2. If so, has a petition for bail been filed, and when is the hearing?
  3. What evidence addresses each of the four findings in § 17-6-1(e)(1)?
  4. Is the charge only a misdemeanor, so that bail may not be refused?

Sources

  • O.C.G.A. § 17-6-1 (2024 Georgia Code; amended in 2025 by Senate Bill 79, according to the Office of Legislative Counsel’s 2025 summary).
  • Office of Legislative Counsel, Summary of General Statutes Enacted at the 2024 Session (Senate Bill 63).
  • O.C.G.A. § 17-7-50 (law.onecle.com mirror, page last modified October 14, 2016).

General information about Georgia criminal law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.