What a first appearance is
In Georgia, a person who has been arrested is brought before a magistrate judge, usually by video from the jail. The judge confirms identity, reads the charges, advises the accused of their rights, decides whether bond will be set and at what amount, and appoints a public defender if the person cannot afford a lawyer. You are not asked to enter a plea, and the facts of the case are not argued.
What is argued is bond: whether the person presents a flight risk, a danger to the community, or a likelihood of intimidating witnesses. That argument goes differently when a lawyer arrives prepared, with the family’s ties, employment and community connections ready to present. Brandon took part in that argument for twelve years as a prosecutor; our office prepares for it from the first call.
What to do right now
- Find out where they are being held. When someone is arrested it is important to know where they are being held in jail. Most counties have an online inmate search which shows the charge and when they were booked into the jail. We need this information to quickly be able to help them.
- Do not let them discuss the case. Calls from the jail are recorded. Tell your loved one that a lawyer is coming and that they should say nothing about what happened to anyone, including other inmates.
- Call 770-406-6224. The line is answered by a person at any hour. Please have the county, the charge and the booking time ready.
- Gather what the judge will want to see. Helpful items include proof of address, proof of employment, evidence of family in the area, and the name of the person who will be responsible for ensuring they appear in court.
Common questions
Can a magistrate set bond on any charge?
No. In Georgia, certain serious felonies (murder, rape, armed robbery, aggravated child molestation, drug trafficking, gang activity and others listed in O.C.G.A. 17-6-1) can only have bond set by a Superior Court judge, which means a separate bond hearing has to be requested and scheduled. Brandon files that motion immediately.
How much will bond be?
It depends on the charge, the person’s record and ties to the community, and the judge. Some counties use a bond schedule for common misdemeanors. For felonies the range is wide, which is precisely why the presentation at first appearance matters.
Should I hire a lawyer before the first appearance or wait?
Before. The single most valuable thing a defense lawyer does in the first week is get a workable bond, and the first appearance is often the only chance to do it quickly.
Can I visit someone in the Forsyth County Jail?
Visitation at the Forsyth County Jail is by video and by schedule; check the Sheriff’s Office website for current rules. A retained attorney can see them in person and sooner.
What happens at a first appearance hearing?
Within 72 hours of arrest a magistrate reads the charges, sets or denies bond if eligible, and appoints counsel if you cannot afford it. You are not asked to enter a plea. Having a lawyer there changes the bond conversation.
This page is general information about Georgia criminal law and is not legal advice about your case. Prior results do not guarantee a similar outcome. Every case is different.