Drug Charge Bail Bonds in Cherokee County
Possession, sale and trafficking are three completely different problems under Georgia law. One of them a Magistrate judge cannot even bond.
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Possession, sale, trafficking — and why the difference matters
Georgia treats drug charges on a steep ladder. Simple possession of marijuana under an ounce is a misdemeanor. Possession of a controlled substance is a felony. Manufacturing, distributing, delivering, dispensing, administering or selling a Schedule I or Schedule II substance, and trafficking under O.C.G.A. §§ 16-13-31 or 16-13-31.1, are bailable only before a judge of the Superior Court under O.C.G.A. § 17-6-1(a).
That last sentence is the one families need. If the charge is sale or trafficking, a Magistrate judge at first appearance has no authority to set a bond at all. Nothing happens until a Superior Court judge acts, and no bondsman can change that timeline.
Separately, purchase, possession, manufacture, distribution or sale of controlled substances or marijuana under O.C.G.A. § 16-13-30 is on the bail restricted list, so even where a bond is available it has to be secured.
Fast facts
- Sale and trafficking: Superior Court judge only (17-6-1)
- Possession charges are bail restricted (17-6-12) — secured bond required
- Felony drug cases: Superior Court, 90 North Street, Canton
- Misdemeanor possession: Cherokee County State Court
- Expect drug testing as a condition of release (17-6-1.1)
- Premium 15%, $50 minimum per charge
This page is general information about Georgia law and Cherokee County practice. It is not legal advice, and it is no substitute for a lawyer. Charges, bond conditions and court dates vary case by case.
What Georgia law says
Superior-Court-only drug offenses
O.C.G.A. § 17-6-1(a)(9) and (10) make manufacturing, distributing, delivering, dispensing, administering or selling a Schedule I or Schedule II controlled substance, and violations of the trafficking statutes 16-13-31 and 16-13-31.1, bailable only before a judge of the Superior Court.
Bail restricted possession charges
O.C.G.A. § 17-6-12 lists purchase, possession, manufacture, distribution or sale of controlled substances or marijuana under 16-13-30, and trafficking in cocaine, illegal drugs, marijuana or methamphetamine, as bail restricted offenses. Unsecured judicial release is unavailable.
Testing and treatment conditions
O.C.G.A. § 17-6-1.1 lets the court order restrictions on the use of alcoholic beverages and controlled substances and require the accused to submit to tests of breath, blood or urine as a condition of pretrial release, with the defendant paying the provider. Cherokee County State Court also operates accountability court programs.
Cherokee County, Georgia — drug charge bail bonds.
What happens after the arrest
Booking at the ADC
Everyone arrested in Cherokee County is booked at 498 Chattin Drive in Canton. Nothing can be posted until booking is complete.
First appearance
A Magistrate judge sets bail. Georgia law requires this within 48 hours of a warrantless arrest, 72 hours on a warrant. Cherokee Magistrate Court sits 24/7/365.
Bond is written
A co-signer signs with photo ID, in person in Canton or remotely by email or fax. We pay the 15% premium terms and post the full bond.
Release and court dates
The jail processes the release. From that point, every court date matters — missing one forfeits the bond and triggers a bench warrant.
Drug Charge Bail Bonds: questions we get every week
Not unless a Superior Court judge has already set a bond. Sale of a Schedule I or II substance is bailable only before a Superior Court judge under O.C.G.A. § 17-6-1(a)(9). We can call and find out exactly where the case stands.
Georgia law still treats possession of more than an ounce as a felony and possession of less as a misdemeanor, and 16-13-30 offenses are on the bail restricted list. Whether a given stop results in a citation or a booking is up to the officer and the facts.
Fifteen percent of whatever the judge sets, minimum $50 per bonded charge. Trafficking bonds in Georgia are routinely six figures, which is exactly when a property bond becomes worth discussing.
Very often, yes. Georgia law expressly allows the court to order it, and Cherokee County judges use that authority. Failing a test is a bond violation.
Other bail bonds we write in Cherokee County
We post this bond anywhere in Cherokee County
Call now. We will tell you what is actually possible.
No sales pitch. A licensed Cherokee County bondsman will look at the charge and give you a straight answer.