Skip to main content

Are the conditions of a bond waived when the original court date has been postponed until an arraigment?

Habersham, GA |

ie: defentant shall waive fourth adm. right, defentant shall consume no alcohol. defentant shall not violate state law or u.s. law. defantent shall notify change of address three days prior to moving.

+ Read More

Attorney answers 3


Bond conditions stay in place until the case is closed or the bond conditions are modified by motion. A violation of conditions, if the prosecutors or authorities become aware of them, could result in a revocation of bond, whereby you would have to return to jail until the case is resolved by plea, trial, or dismissal. The bond conditions you listed are more than what is normally imposed, which leads me to believe your charges are serious. I advise you to hire an attorney as soon as possible. You have no right to a speedy indictment, which means that the charges can hang out there for a while (sometimes even years) before and indictment (which is what triggers an arraignment).

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


No. Bond conditions remain in effect until the case is over, win, lose or, draw. Think of it this way - the original rule is that you remain in jail until your case is over either after a trial, a plea, or some other resolution like a dismissal. The exception (which really has swallowed the rule) is that the court will allow you to get out of jail while you are waiting for your case to be disposed of. The court will grant you a bail bond - usually by posting some amount of cash or property - that will be enough to secure your appearance in court. In cases involving alcohol or drugs, there may be conditions that you don't use alcohol or drugs and submit to random screens. In cases involving violence or threats of violence, there may condition that there be no contact with the alleged victim of the crime you are accused of. Also, the original court date usually IS the arraignment (where you enter a plea of guilty or not guilty). It sounds like the arraignment may have been continued. If you want a change in bond conditions while the case is pending, a lawyer could file a Motion to Modify. That motion would be set down for a hearing and your lawyer could argue to the judge why bond conditions should be changed or done away with. Expect the State to argue against any bond modification, and a judge to agree with the State unless you can provide a compelling reason for a change in the original conditions.


Short answer - NO. The conditions of your bond will remain in effect until your case is completed or the Conditions of Bond are Modified by the court. The conditions of bond that you list in your question are fairly standard in the area of Georgia where I practice. A bond is designed to allow you to post a surety - usually cash, but it could be property - and allow you out of jail until your case is completed - dismissed, guilty plea, found guilty/not guilty by a judge or jury. The arraignment is the first step in the course of the case. At arraignment you will enter a plea of guilty or not guilty and request a bench or jury trial. I would suggest that you seek the services of an experienced DUI attorney in your area. The attorney will be able to explain all of the steps that will occur during your case. I hope this information is helpful. Good Luck!

The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

Get Avvo’s 3-part DUI email series

A roundup of the best tips and legal advice.

DUI topics

Recommended articles about DUI

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer