Bail Bondsman For Failure To Appear In North Carolina

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Multi-State
Control #:
US-00006DR
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Word; 
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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

You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.

§ 15A‑276. Failure to appear. Any person who fails without adequate excuse to obey an order to appear served upon him pursuant to this Article may be held in contempt of the court which issued the order.

Fugitive Recovery Agents In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.

Under G.S. 15A-543, the defendant is guilty of criminal failure to appear if he or she (i) was out of custody on bail or other release conditions and (ii) willfully (iii) failed to appear in court or before a judicial official as ordered. G.S. 15A-543(a).

If you do not take care of an FTA, the court can issue a warrant for your arrest. A Failure to Appear is a serious offense. You could face up to 120 days of jail time and/or a $200 fine if convicted.

Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

In some cases, a failure to appear can result in an order for your arrest. If you were arrested for the offense and released on bond, failing to appear can cause you to “forfeit,” or lose, the bond.

If you are charged with a motor vehicle offense, your failure to appear may result in the revocation of your drivers license and the N.C. Division of Motor Vehicles (NCDMV) may assess additional fees against you.

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Bail Bondsman For Failure To Appear In North Carolina