Georgia’s Criminal Justice Crossroads: Pretrial Issues in the Peach State

This is part of a series on crime and justice in Georgia. Read the other posts here: Pre-Arrest, Post-Conviction.

A more effective and efficient pretrial system remains one of Georgia’s most pressing needs. For too long, the state’s pretrial process has contributed to jail overcrowding, increased costs for local governments, and higher reoffense rates. Yet “pretrial reform” continues to be a legislative lightning rod.

In 2018, former Gov. Nathan Deal received harsh criticism for championing modest pretrial changes. For example, Putnam County Sheriff Howard Sills argued that Deal had done more to help criminals than “Lucifer and his demons combined,” claiming every criminal justice policy passed had made law enforcement’s job harder and the public less safe.  

Deal’s reforms ultimately passed, but the debate around safety and accountability persisted, fueling rollbacks years later. Driven more by fear than fact, these reactions underscore the need for a renewed conversation grounded in Georgia’s own experience and evidence.

Georgia has much to gain from pragmatic pretrial policies. Targeted changes can reduce pressure on an already strained court system, limit unnecessary government spending, and promote a safer society—all outcomes that would benefit the Peach State.

Cash Bail Flip-Flop: High Price for Presumed Innocence

The criminal justice process often begins with an arrest and booking into a local jail, where the amount of time spent—regardless of an individual’s guilt or innocence—greatly influences future crime. More than 230,000 people pass through Georgia’s local jails each year. Of the 35,000 or so incarcerated on any given day, 70 percent have not been convicted of a crime.

Research indicates that pretrial detention makes a person more likely to commit crime in the future. Even one day in jail can disrupt an individual’s employment, housing, or family, perpetuating harmful behavior rather than alleviating it. Despite this, Georgia has long relied on a money bail system that unintentionally detains low-risk individuals merely because they cannot afford to pay for release. In 2018, Sen. Brian Strickland and Gov. Deal passed a bail package requiring ability-to-pay reviews, promotion of citations and non-monetary release, and improvements to pretrial data use. Unfortunately, the law had limited effect. A review of over 50 Georgia counties following the law’s passage found widespread noncompliance—many failed to hold timely bail hearings, provide counsel, or assess a defendant’s financial circumstances. In many counties, one in three people arrested for misdemeanors remained in jail for three days or longer.

Instead of ensuring the law was applied as written to assess its impact, lawmakers reversed course in 2024, expanding mandatory cash bail to 30 additional offenses, including 18 misdemeanors. While those who pose real risks should be detained, holding people unnecessarily—especially for low-level offenses—harms both the accused and the broader community. Experts predict the new law will worsen jail overcrowding and waste taxpayer dollars. It can cost over $1,000 a month to house someone in a Georgia jail; as of June 2025, nearly 25,000 people remained incarcerated while awaiting trial, unnecessarily costing taxpayers millions.

From Missed Hearings to Missed Opportunities

Research shows that defendants held longer than 24 hours in jail after arrest are more likely to miss court, not less. Thus, updating the bail system for low-level crimes does not increase court no-shows. Most individuals make their appearances; however, some inevitably miss court—often for reasons as simple as forgetting—and under Georgia’s current approach, the consequences are devastating for both the system and the accused.

When someone misses an appearance date in Georgia, the response is severe. While traffic offenses receive a 30-day grace period before sanctions, courts often issue bench warrants or suspend driver’s licenses immediately for all other charges—even for minor infractions—without making reasonable efforts to contact the individual or offer alternatives (e.g., rescheduling). These actions escalate minor oversights into costly legal crises, disrupting lives, draining judicial resources, and diverting law enforcement from more urgent matters.

The resulting cascade is expensive, with delayed cases, overcrowded dockets, unnecessary incarcerations, and strained public defenders. Some studies show that each failure-to-appear costs taxpayers about $1,500. Unfortunately, Georgia lacks the basic infrastructure to understand the scope of the problem. The Judicial Council’s Bail Reform Committee called on the state to collect comprehensive data on how often nonappearances happen, who is impacted, and what triggers those absences. Yet, the state still does not report on this information. Without visibility, meaningful reform is virtually impossible.

While many states have turned to court reminders as a simple solution, Georgia is one of 29 states without a statewide reminder program, leaving defendants—many of whom lack reliable transportation, childcare, or calendars—at the mercy of memory. Despite strong research on automatic court reminders lowering failures to appear, only some counties have implemented their own programs. Most have not.

Backlogged and Unsafe: Pretrial Detainee Issues

Georgia’s jails are overcrowded, with 14 facilities recently reporting they are “over capacity.” A 2024 report revealed that the average jail stay in Fulton County is nearly 300 days—10 times higher than the national average. Some detainees have been held pretrial for over five years.

State judiciary records reveal mounting caseloads and deepening criminal case backlogs, both of which delay indictments and trial dates. Severe staffing shortages across courts, prosecutors, and public defenders have also contributed to this issue. In March 2025, prosecutors reported that one out of 10 assistant district attorney positions were vacant. A study of rural communities found that nonviolent charges, including probation violations and driving with a suspended license, were driving jail admissions.

The high populations and lengthy stays are not Georgia’s only issues. Jail conditions in many counties are also deeply troubling. A recent federal investigation by the U.S. Department of Justice found that the Fulton County Jail suffers from “unsafe and unsanitary” conditions. Overcrowding, staff shortages, and rampant violence have made the facility unmanageable. Advocates and investigators have documented widespread neglect, unjustified use of force, and prolonged isolation without monitoring. The situation is so dire that some officials proposed building a new $2 billion facility. But Fulton County is not alone. Clayton County saw eight in-custody deaths in 2024, and Bibb County saw a series of fatal incidents due, in part, to overcrowding. Despite these deplorable conditions, local law enforcement officers still arrest people for low-level offenses instead of citing and releasing them.

Conclusion

Despite the noise surrounding pretrial solutions, the promise practical pretrial changes hold is clear. For those who support smart, limited government, this is common sense. By enacting some modest and targeted changes, Georgia could relieve undue pressure on the system, reduce recidivism, save taxpayer money, and ensure justice. Contrary to opponents’ claims, this path upholds long-term order, individual accountability, and sound governance.