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When are conditional bonds issued? A conditional bond is issued in a pending criminal case when the judge that issued the arrest warrant feels that conditions of pre-trial release are appropriate. In order for a conditional bond to be issued, a criminal warrant must be issued. In crimes of a domestic nature (for example, battery, assault, criminal trespass, etc.) conditional bonds are issued by the judge. Depending on the offense, a conditional bond may be issued in a non-domestic offense. However, should you have any question about the safety of you or your property, please do not hesitate to ask the judge about whether a conditional bond will be issued. Who gets the conditional bond? The offender will be required to sign the conditional bond prior to release from jail. A copy of the conditional bond is available to the victim upon request. What does a conditional bond do? A conditional bond is an order of the court that the offender not engage in certain prohibited activities or that the offender attend specified counseling. Some examples of prohibited actions are that the offender is to stay away from the person, home and place of business of the victim and the victim's family; not contact the victim in any manner; that the offender shall not possess any dangerous weapons; that the offender shall not engage in criminal behavior and so forth. It is possible that the offender will be required to attend counseling such as alcoholics anonymous or family counseling. What if the offender violates the conditional bond? Should the offender violate the terms of the conditional bond which prohibits certain conduct, the appropriate law enforcement agency should be called to report the violation. If the officer did not see the offense occur, the officer may refer the victim to the court that issued the conditional bond for further action. On some occasions, the officer will arrest the offender on the spot for violating the conditional bond. If the offender fails to carry out some requirement of the conditional bond, the victim should contact the court directly.
Good behavior warrants can be issued in the Magistrate Court. What is a good behavior warrant? The Magistrate Court has the authority to issue good behavior warrants and require bonds for good behavior. A good behavior warrant may be obtained by any citizen who is concerned that the behavior of an individual may endanger the person or property of anyone in Oglethorpe County. A good behavior is only good in the county where it is issued. The charge for the hearing of an application for a good behavior warrant is $10.00. However, in domestic violence cases there is no fee. What if the offender violates the good behavior bond? Should the offender violate the terms of the good behavior bond which prohibits certain conduct, the appropriate law enforcement agency should be called to report the violation. The victim should bring the incident report from the Sheriff's Department to the Magistrate Court and file a motion for sanctions. |
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