The charge classification matters more than most families realize when it comes to getting someone out of jail. Felony bail and misdemeanor bail in Georgia are not just different amounts. They involve different courts, different timelines, and in some cases, different judges entirely.
Here is what you need to know.
Who Sets Bail Depends on the Charge
This is the piece that surprises most people.
For misdemeanor charges in Georgia, a magistrate judge is required to set bail at the first appearance hearing. The process moves relatively quickly. The defendant appears before the magistrate, the charges are reviewed, and a bail amount is typically set that day.
For felony charges, it is more complicated. Magistrate judges may address bail for many felony charges at the first appearance. But Georgia law reserves certain serious felony charges exclusively for a Superior Court judge. No magistrate has authority to set bail on those offenses.
The charges that require Superior Court authority under Georgia law include murder, rape, aggravated sodomy, armed robbery, home invasion in the first degree, aircraft hijacking, hijacking a motor vehicle in the first degree, aggravated child molestation, and aggravated sexual battery. An attorney can confirm whether a specific charge falls into this category.
When a magistrate cannot set bail on a charge, the defendant is notified at the first appearance. An attorney typically needs to file a motion to get a Superior Court bond hearing scheduled. Without that filing, a defendant can wait weeks in custody with no bail set.
Bail Amounts Are Different Too
Misdemeanor bail in Georgia can range from a few hundred dollars to a few thousand, depending on the charge, the defendant’s history, and the judge. For most standard misdemeanors, the amount is something families can address, especially working with a bondsman.
Felony bail is a different conversation. Amounts can reach tens of thousands or more depending on the severity of the charge and the risk factors the judge weighs. For the most serious felonies, some defendants are held without bail entirely. When the charge is severe enough and the judge determines the defendant poses a significant flight risk or danger to the community, bail can be denied.
The Timeline Is Different for Felonies
After a misdemeanor arrest, bail is typically addressed within 48 to 72 hours at the first appearance hearing.
After a felony arrest, the path can be significantly longer. If the charge requires a Superior Court judge and no attorney has filed a motion for bond, the defendant may wait weeks before bail is addressed. This is one of the most important practical reasons to involve an attorney immediately after a felony arrest. Not just to argue for a lower amount, but to get the bond hearing scheduled in the first place.
How the Bondsman Fee Works for Both
Georgia law caps the bail bondsman fee at 15% of the total bail amount, with a minimum of $50 per bonded charge. The percentage is the same for misdemeanors and felonies. The dollar amount scales with the bail set by the court.
| Bail Amount | Bondsman Fee (up to 15%) |
|---|---|
| $2,500 | $375 |
| $5,000 | $750 |
| $10,000 | $1,500 |
| $25,000 | $3,750 |
| $50,000 | $7,500 |
The fee is non-refundable regardless of how the case is resolved.
What Families Should Do Right Now
If the charge is a misdemeanor: find out where the person is being held, confirm the bail amount, and call a bondsman.
If the charge is a felony: do all of those things, and also contact an attorney as quickly as possible. The difference between having an attorney file a bond motion and not having one can be days or weeks in custody.
A 2nd Chance Bail Bonds is available 24 hours a day, seven days a week. Call us and tell us what you are dealing with. We will walk you through the next steps.
Frequently Asked Questions
Can a magistrate set bail on a felony charge in Georgia?
Which charges require a Superior Court judge to set bail in Georgia?
Can bail be denied entirely in Georgia?
Is the bail bondsman fee the same for misdemeanors and felonies?
How long does it take to get out of jail on a felony charge in Georgia?
About A 2nd Chance Bail Bonds
A 2nd Chance Bail Bonds has been reuniting families for nearly 20 years. With multiple offices across Georgia and Alabama, our licensed bail bond agents are available around the clock to provide fast, respectful service to every family we work with. Whether the charge is a misdemeanor or a felony, we are here to help.
The information in this article is provided for general educational purposes only and does not constitute legal advice. Bail procedures, charge classifications, and outcomes in Georgia vary significantly by county, court, and individual case. Laws can change and circumstances vary. If you have specific legal questions about a felony or misdemeanor bail situation, please consult a licensed attorney in Georgia. A 2nd Chance Bail Bonds is a licensed bail bond agency, not a law firm.
