Gilmer County Adult Detention Center Inmate Bail & Bonds
Gilmer County bail and bond: the Ellijay detention center and Georgia bail rules
Adults arrested in Gilmer County are held at the Gilmer County Adult Detention Center, listed at 106 Brett Dickey Memorial Drive, Ellijay. Use Gilmer County Inmate Search to see whether the person is booked and what the bond is. To post bail, call the jail desk at 706-635-4625 to ask how the bonding window works, because the county does not post its payment rules. Georgia law sets who may grant bail and what a bonding company can charge.
Is my husband locked up in Ellijay?
Type his name into Gilmer County Inmate Search. It shows whether he is booked, the charges, and any bond. A booking only minutes old can be slow to appear, so check again later. If nothing shows, call the detention center at 706-635-4625.
Where is the jail, and can I visit him?
The Gilmer County Adult Detention Center is listed at 106 Brett Dickey Memorial Drive, Ellijay, GA 30536; confirm that address when you call 706-635-4625. The sheriff has his main office at 1 Broad Street, Suite 103, with a general line at 706-635-4162. The sheriff's site says the jail no longer offers in-person visits. Video visits are offered seven days a week through the jailatm.com site, where you make an account.
How will I learn the bond amount?
A judge sets it. Read it on Gilmer County Inmate Search after booking, or ask the desk at 706-635-4625. Georgia law (O.C.G.A. 17-6-1) says a person charged with a misdemeanor may not be refused bail and that bail cannot be excessive. Take a figure only from the jail or the court.
How soon does a judge see him?
When officers arrest on a warrant, O.C.G.A. 17-4-26 requires a judicial officer to see the person within 72 hours. Gilmer County has a Chief Magistrate Judge and an Associate Magistrate Judge at 1 Broad Street, Suite 203, Ellijay. The court clerk at 706-635-2515 can tell you whether a hearing has been held.
How do I post bail, and what hours is the window open?
The county sites checked for this guide do not list a bonding window, its hours, or the payment types it accepts. Call 706-635-4625 and ask three things: when a bond can be posted, how payment is taken, and whether any fee is added. Money placed on his phone or store account is not a bond.
What may a bonding company charge in Georgia?
O.C.G.A. 17-6-30 caps what a surety may charge at 15 percent of the bond's face amount. For each bonded charge the company may ask for at least $50, even when 15 percent would be smaller. The statute does not mention refunds, so get the contract in writing and ask who keeps what. Ask the jail desk which companies are licensed to post bonds there.
Can land or a house be used?
For bail restricted charges, Georgia allows property approved by the sheriff of the county where the crime happened (O.C.G.A. 17-6-12). The Gilmer sheriff has not posted a property checklist on the pages checked here. Call 706-635-4625 to ask what papers are needed, who must sign, and how long approval takes. The Clerk of Superior Court, at 706-635-4462, handles filings.
What does a no-bond hold in Gilmer County mean?
Some crimes can be bailed only by a superior court judge, including murder, rape, armed robbery, and certain drug trafficking offenses (O.C.G.A. 17-6-1). A bail hearing must be set within ten days of a request, according to the statute's text. A probation hold or another county's warrant also blocks release.
What is a bail restricted offense?
It is a charge on the list in O.C.G.A. 17-6-12, which covers violent crimes, burglary, drug trafficking, and a repeat of some lesser crimes such as theft by taking. A judge may not release a person on a promise alone. The bond must be secured with cash, a licensed bondsman, or sheriff-approved property.
How do we ask for a lower bond?
Only a judge can change it. A lawyer files the request with proof of a steady job, a home address, and nearby family. Gilmer County is in the Appalachian Judicial Circuit with Fannin and Pickens counties. Ask the clerk at 706-635-4462 where and when bond hearings are held.
What if we cannot afford a lawyer?
Ask the judge for an appointed attorney at first appearance. The Appalachian Circuit Public Defender office is at 1 Broad Street, Suite 001, Ellijay, and answers at 706-698-7322, Monday to Friday, 8:30 AM to 5:00 PM. The District Attorney's office, which prosecutes the case, is at 706-635-5381.
What if Ellijay or East Ellijay police made the arrest?
Ellijay police can be reached at 706-635-7430 and East Ellijay police at 706-276-3111. Ask for the report number and where the person is being kept, then try Gilmer County Inmate Search again. The pages checked here do not say whether either city holds anyone before the county jail takes them.
Where is a teenager held?
Georgia's Department of Juvenile Justice assigns Gilmer County to Elbert Shaw Regional Youth Detention Center, 2735 Underwood Road NE, Dalton, GA 30721, 706-272-2309. Records for children are private, so the adult search may not list a minor.
What happens if someone skips court?
The judge can order the person arrested and can take the bond. A bonding company may try to bring the person in. Call the lawyer or the clerk at 706-635-4462 the same day.
Can cash I paid be returned?
Georgia law does not give a bondsman's fee a refund rule, so ask what your contract says. For cash paid to the court, ask the clerk at 706-635-4462 how and when it is released after the case ends, and keep every receipt.
How do I spot a bail scam?
Anyone who wants gift cards, a wire, or an app transfer is not a real bail source. If a caller says to hurry, hang up and call 706-635-4625 yourself.
What happens with a federal arrest?
Federal cases from Gilmer County belong to the Northern District of Georgia, Gainesville Division. The courthouse is Sidney O. Smith Federal Building & US Courthouse, 121 Spring Street SE, Room 201, Gainesville, GA 30501-3789, and the clerk answers at 678-450-2760. A federal magistrate judge holds the first hearing and sets any release terms. The U.S. Marshals Service keeps custody before trial, so the person may sit in a local jail that rents beds to the Marshals. After sentencing, use the Federal Bureau of Prisons inmate locator.
Key contacts for Gilmer County bond questions
- Jail
- Gilmer County Adult Detention Center, 106 Brett Dickey Memorial Drive, Ellijay, GA 30536; 706-635-4625
- Bond guide
- Detention center bail and bond guide
- Custody lookup
- Gilmer County Inmate Search
- Sheriff
- 1 Broad Street, Suite 103, Ellijay, GA 30540; 706-635-4162
- Magistrate Court
- 1 Broad Street, Suite 203, Ellijay; 706-635-2515
- Superior Court clerk
- 1 Broad Street, Suite 203, Ellijay; 706-635-4462
- Public defender
- 1 Broad Street, Suite 001, Ellijay; 706-698-7322
- Circuit
- Appalachian Judicial Circuit (Fannin, Gilmer, Pickens)
- Juvenile
- Elbert Shaw Regional Youth Detention Center, 2735 Underwood Road NE, Dalton, GA 30721; 706-272-2309
Rules and phone numbers in Gilmer County may change, and a judge may set a different bond. Call the detention center before you pay anyone. This is general information, not legal advice.
How do Bail Bonds work at Gilmer County Adult Detention Center
The Gilmer County Sheriff recommends that you might want to use a bail bond agent licensed to do business in Gilmer County.
However if you don't want to use a bail bond agent:
- You can always pay a cash bond yourself, or use your home in Gilmer County, or in some cases the state of Georgia, but the benefit of using a bail bond agent is that they take responsibility for making sure the inmate shows up for court in Gilmer County, and if they don't, then they take the financial responsibility.
- The typical fee for a bond in Georgia is between 10-20% of the bail amount; usually 15% or less. So if an offender has a bail of $10,000.00, their bond will be $1500.00.
- Pay by cash, cashier's check, money order or credit card at the Gilmer County Adult Detention Center, or the courthouse in Gilmer County where the offense took place.
Call 706-635-4625 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the Gilmer County inmate locator.
Gilmer County Adult Detention Center
Address:
106 Brett Dickey Memorial Drive
Ellijay, GA 30536
Phone:
706-635-4625
Frequently Asked Questions about Bail and Bonds in Gilmer County
What kind of bonds are accepted in Gilmer County?
Who can set bail in Gilmer County?
When is bail set in Gilmer County Georgia?
Does Gilmer County have bail?
Yes, Gilmer County recognizes most types of bonds.
What kind of bonds are accepted in Gilmer County?
Georgia offers several types of pre-trial release including own recognizance, cash bond, property bond & surety. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Who can set bail in Gilmer County?
In many cases Georgia follows a pre-set bail schedule, so sheriffs & constables are able to accept bail immediately after processing. For those offense where immediate release in not permitted, or when a defendant does not qualify for immediate release, bail will be determined by a judge.
When is bail set in Gilmer County Georgia?
Georgia uses a pre-set bail schedule, meaning the bail is set based on the offense and thus us know to police at the time of arrest. In cases where bail is not pre-set, or the defendant does not qualify for immediate release, a judge of the superior court will determine bail at a bail hearing. This hearing shall be scheduled with 48 – 72 hours depending on the classification of the crime the defendant is accused.
What is Bail?
Bail is what the arrested in Gilmer County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Gilmer County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
A bond proceeding is the determination of how much bail is to be paid and usually happens before arraignment. A Bond hearing is a determination by a magistrate to determine an amount a person may pay to be released while the case is pending. Sometimes certain crimes will have preset bonds, that can become payable the moment an arrest is made.
The minimum bond in Georgia is $1,000. If a court seeks a bond lower than that then it must be an OR bond, meaning the accused shall be released on their own recognizance, with no money down. During bond proceedings, the defendant is not required to have an attorney but has the right to an attorney if the defendant want one.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Gilmer County Adult Detention Center until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different.
The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Gilmer County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in Gilmer County?
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment.
This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does Gilmer County have bail?
Yes, Gilmer County recognizes most types of bonds.
What kind of bonds are accepted in Gilmer County?
Georgia offers several types of pre-trial release including own recognizance, cash bond, property bond & surety. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Who can set bail in Gilmer County?
In many cases Georgia follows a pre-set bail schedule, so sheriffs & constables are able to accept bail immediately after processing. For those offense where immediate release in not permitted, or when a defendant does not qualify for immediate release, bail will be determined by a judge.
When is bail set in Georgia?
Georgia uses a pre-set bail schedule, meaning the bail is set based on the offense and thus us know to police at the time of arrest. In cases where bail is not pre-set, or the defendant does not qualify for immediate release, a judge of the superior court will determine bail at a bail hearing. This hearing shall be scheduled with 48 – 72 hours depending on the classification of the crime the defendant is accused.
Can I get the bail or bond reduced in Gilmer County Georgia?
Yes, if there are extenuating circumstances and the judge set the initial bail, your attorney can request a bond reduction.
In Gilmer County Georgia, who can pay bail for me?
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of Georgia could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in Gilmer County Georgia?
Yes, Georgia does offer online bail payment. Please contact the jail for specific information on how to pay bail. Go to the Gilmer County Adult Detention Center for more information about the jails in Gilmer County.
What options are there to pay bail in Gilmer County Georgia?
Cash or security; credit card in some counties. The security may be either cash or property. Bail may be posted at the appropriate county jail or sheriff’s office in which the defendant is charged.
Please contact the jail for specific information on what methods of payment are accepted. Go to the Gilmer County Adult Detention Center for more information about posting bail in Gilmer County.
Will I get all my bond money back in Georgia?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished.
There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Can I get bail or a bond with no money down in Gilmer County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
What are the least expensive and affordable bail bonds in Georgia?
The Gilmer County Adult Detention Center or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.