I am not an attorney and am trying to gather information on how I can myself file a motion for bail reduction in the state of Georgia. The matter resides in Catoosa county and I am wondering what forms are needed and specifically what conditions do I need to satisfy with the court to obtain the reduction. I also need to know does it matter when the motion is filed, do I simply go back to the judge and plead my case or is there a filing process? Any help would be greatly appreciated. Thanks (I am trying to file this for a friend of mines son)

You can gather information, but you cannot file the motion since you are not an attorney. Be very careful about the unauthorized practice of law.

You might want to talk with the clerk of court. Some are helpful, others are not.

Doesn't the son have an attorney representing him?

Currently the son does not have an attorney, no $$$... we don't want to wait for the public defender to show up as that could take a couple of weeks. The son is not capable mentally of offering help in his own defense, he is mentally challenged, so cannot represent himself. He may not even know how to request a bail reduction for himself. I guess I also see your point on the practicing of law, since it is not myself I am representing but someone else. Is there any way around this situation?

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Originally Posted by roozak

I am not an attorney and am trying to gather information on how I can myself file a motion for bail reduction in the state of Georgia. The matter resides in Catoosa county and I am wondering what forms are needed and specifically what conditions do I need to satisfy with the court to obtain the reduction.

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Hello r:

It's not the FORM. It's the argument. Without knowing WHY his bail is excessive, or even IF it is, I couldn't provide a cogent argument.

Pell is right. YOU can't file the motion. Certainly you can give it to the defendant to file... That ain't no biggie... But, what's IN it is more important than what it LOOKS like. If you can nail down the ARGUMENT, he only needs to write the judge a letter and ask him to consider his letter to be a motion. His judge is REQUIRED by law to do so.

excon

Your situation is a complicated one, and I commend you for wanting to help. You are free to do the research and share the results with whomever you choose. If the son has limited mental capacity, you have a tough situation. I don't know about Georgia, but in my area, the parents may be able to petition the court for guardianship so that they can act on his behalf. Maybe someone familiar with GA law will come along with a better idea.

He really needs to have an attorney representing him, particularly under his circumstances. Check with legal aid or other volunteer legal services in your community to see if they will help or if they know someone who will.

His charges were numbering 7, 1 - DUI, 1- Interference with government property, 5 obstruction of justice charges. Each were $2500, except the interference charge carries $5000 bail. He lives at home, is currently unemployed, and in my opinion is not a flight risk. I am aware that certain things need to be satisfied for the court to reduce bail. I appreciate all the answers they are helpful...

Thanks

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Originally Posted by roozak

His charges were numbering 7, 1 - DUI, 1- Interference with government property, 5 obstruction of justice charges. each were $2500, except the interference charge carries $5000 bail.

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Hello again, r:

I'm not good at math. In order to determine if his bail is excessive or not, I need to know HOW much it is in TOTAL.

excon

By my math, the number is $20,000. That's a long list of charges. Maybe this guy needs some time to think.

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Originally Posted by PellMell

By my math, the number is $20,000. That's a long list of charges. Maybe this guy needs some time to think.

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Hello P:

It is, and maybe he does. But, that isn't the issue here. Bail is. If your math is correct, and the kid lives at "home", a bail bondsman can have him out in 5 minutes with $2,000 or even a pledge. If that is determined to be excessive, it'll NEVER be lowered, cause it AIN'T excessive.

excon

I will agree 20,000 is not really excessive and each charge except the one is only at 2000 or so, which is low bail in most cases.

Only your son, or an attorney can file for a lower bail. You can go visit the public defenders office and try and get an attorney to see him sooner.

But to be honest a couple of weeks is not that out of hand either.

They will have bail on each count, since if one or more of charges are dropped or changed, there is still bail on the remaining charges.

The attorney will see about getting perhaps one or more charges dropped, and perhaps work out a plea where he pleads guility to one or two charges and the rest are dropped.

But excon is right, was this cash or cash or property ? In GA if you own your own, you can often put it up for the bail.

But to disagree a little,
A unemployed person with no residence of their own, and by your own admission lower mental ability, is one of the higher flight risk. You see them as your son, your child, who will come and stay at home, the court looks and see a person who could disappear on the street without a second thought

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Originally Posted by excon

Hello again, r:

I'm not good at math. In order to determine if his bail is excessive or not, I need to know HOW much it is in TOTAL.

excon

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Absolutely - why make things more complicated than they are?