Understanding Bail Bonds In North Carolina

By John Cooper


There is in place a system that governs bail bonds in all the states and this is crucial as it aids a charged fellow to be free while their trial is ongoing. It is only the options of this system that change but the principles always remain the same. If you have any criminal charge and would love to exploit this method then it would be imperative to identify a thing or two concerning bail bonds in North Carolina.

This refers to the money that you have to deposit or promise to deposit in court for the judge to be persuaded to let the defendant free with a promise to appear in court during their trial date. This money ought to be promised by either the defendant or any surety and if the defendant does not appear then the money deposited in court will be forfeited. The surety in this case could be a family member, friend or agent.

The bail amount is usually set by the judge and the defendant has to wait for the judge to pronounce it before court. The amount is usually set high enough in order to ensure that the defendant will not just forfeit it easily and disappear. Most courts usually have preset amounts for every offense but at time judges can deviate from these amounts.

The amount to be deposited in court can be done during the normal business hours in court with the clerk or at the jail if it would be after hours. The jail or court will then issue a receipt acknowledging this fact. This will act as proof that a certain defendant has paid their security.

After getting your freedom, you should ensure that you never miss any date in court. Missing court would attract you to undergo a hearing for forfeiture which could also lead to your arrest warrant being issued. In such a hearing, you will address the court explaining why you missed your court date and if you do not show up then your guarantee will be forfeited.

You can also get help from bail bondsmen who are agents that can become your sureties if you agree to pay them their 10% of whatever amount you are ordered to pay. If you are the defendant and miss court then they will forfeit this amount. They will also be authorized by court to trace you and bring you before it.

Most states allow the use of bounty hunters whose main task is to track down the fugitives and bring them before court. However, in North Carolina this practice has so far been outlawed and each of these agents ought to re-apprehend their fugitives. These agents are also allowed to sue their indemnitors should the defendant fail to appear in court.

There are some cases where the trial judge may make orders requiring that cash bond be deposited in court and therefore the defendant has to ensure that it is deposited in full. The court will then hold onto the cash until the case concludes. Before this cash is returned to the defendant, any costs or fines are deducted from it.




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