Understanding Bail Bonds In North Carolina

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By John Cooper


There is a distinct bail bond system in every state which is important as it allows a person charged with a certain crime to gain temporary freedom until their case is heard and determined. The options of this arrangement may differ but the key principles remain same. If you are facing criminal charges and could be looking at exploiting this option then you should learn a few things on bail bonds in North Carolina.

It is usually the money that is deposited or even promised to a court in order for the judge to be persuaded to release a defendant who should promise to return on the day of their trial. This amount is usually promised by the defendant or a surety that should there be no appearance by the defendant, the money will be forfeited. The surety could either be an agent, family member or friend.

The amount to be deposited is usually determined by the trial judge and the defendant has to wait for it to be confirmed by the judge. This amount is set at a high amount as a way of making the defendant not to consider forfeiting it and make a run. Most of the courts are guided by the preset amounts that are set for every offense but it is common to find a judge deviating from this amount for various reasons.

This money should be deposited either in court or at jail; if it would be during the working hours then it should be at the court with the clerk and at the jail if after hours. You will then get a receipt for this amount. This will be used as proof of your payment of this security.

Once freedom is guaranteed, you should make sure that you do not fail to attend court on your trial date. If you miss court sessions then you will attract a forfeiture hearing which could also result in a warrant of arrest being issued against you. In this type of a hearing, you will explain to the court what led to your absence in court and failure to appear will lead to forfeiture of the cash you paid.

There are bond agents who usually act as sureties for the defendant upon the payment of a non-refundable fee of 10% of the amount in question. If the defendant fails to appear in court, they are allowed to forfeit the amount paid. The agent can also be authorized to look for the defendant and also arrest them for the purpose of bringing them to court.

There are a number of states that allow the use of bounty hunters to look for the fugitives and take them to court. In North Carolina however, they have outlawed this practice and they do not license bounty hunters anymore. The agents ought to re-apprehend the defendants and can also sue them if they fail to appear before court.

If the judge orders for a cash bond, then the defendant or their surety ought to deposit the whole amount of cash with the court. The court then holds this cash until the case is completed and it is returned to the person who deposited it. If the defendant posted this cash themselves, then the court will first deduct the fines or costs incurred before returning the money.




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