Ayala v. State

Fletcher, Justice.

This court granted the application for interlocutory appeal to consider whether the state must prove that a person charged with murder who seeks a pretrial bond has not met the conditions for release in OCGA § 17-6-1 (e). We hold that the defendant has the burden of producing evidence on community ties, but the state has the burden of persuading by a preponderance of the evidence that a defendant is not entitled to release on bail. We vacate the trial court’s order denying bail and remand for further proceedings.

Jesus Ayala is charged with the murder and aggravated assault…