Bail In Money Laundering Cases In Mecklenburg

Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-00006DR
Format:
Word; 
Rich Text
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Unlike the appellate division that decides only questions of law when a party appeals a case, the Superior and District Court divisions are the trial court divisions that hold trials, and empanel juries to determine the facts of cases.

The District Court division handles civil cases involving a claim for $25,000 or less, all family and juvenile cases, misdemeanor criminal cases, and infractions such as traffic tickets.

Misdemeanors and infractions are handled primarily in District Court before a judge, but a defendant convicted of a misdemeanor in District Court can appeal to Superior Court for a new trial.

(a) Except as provided in this Article, the district court has exclusive, original jurisdiction for the trial of criminal actions, including municipal ordinance violations, below the grade of felony, and the same are hereby declared to be petty misdemeanors.

In North Carolina, all misdemeanor trials are held as bench trials in District Court. If a District Court judge finds someone guilty of a misdemeanor offense, that person can appeal to Superior Court for a jury trial.

10% Bond Release – if a defendant is deemed a risk to the community or a flight risk, and a judge/magistrate has set a bond using a bail schedule, the defendant can secure his release by paying 10% of the amount of the bond amount directly to the court.

The judge will consider various factors, including the severity of the charges, the defendant's criminal history, ties to the community, and flight risk. Based on these factors, the judge determines whether bail will be granted and, if so, the amount of bail.

The judicial official must impose one of four pretrial release conditions: (1) the defendant signs a written promise to appear; (2) the defendant is placed under the supervision of a person or organization; (3) the defendant signs an unsecured appearance bond; or (4) the defendant signs an appearance bond secured by a ...

The purposes of the pretrial release decision include providing due process to those accused of crime, maintaining the integrity of the judicial process by securing defendants for trial, and protecting victims, witnesses and the community from threat, danger or interference.

Supervision and electronic monitoring are two of the most common conditions authorized by state statute. Partial confinement, including house arrest, work release, curfew and inpatient treatment are options in the majority of states.

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Bail In Money Laundering Cases In Mecklenburg