Bail Out Bonding With Someone In North Carolina

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Multi-State
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US-00006DR
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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

In the state of North Carolina, there are four ways to get a person out of jail: post the bond yourself, use property for collateral in court, have a judge release the defendant on their own recognizance, or hire a licensed and insured bail bondsman.

The decision to post bail for someone should not be taken lightly. 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.

The Pretrial Integrity Act has changed how pretrial release works in North Carolina. If you're arrested for a serious felony, or if you already have pending charges, a judge must now set your bond. This means you might have to wait longer in custody before you can be released.

In North Carolina, individuals charged with misdemeanor or felony domestic violence can be held without bond for 48 hours. The same is true for people who violate protection orders or are charged with domestic criminal trespassing.

Bail bond agents can carry firearms (like regular citizens) and make arrests in California. However, they do not have the same power as police officers to investigate crimes, enforce traffic laws, or cordon off specific areas. The authority of bail bond agents is more circumstance-dependent.

Criminal History: If the person arrested has a record, especially for similar offenses, the judge might set a higher bail. If it's their first time, they could get a lower amount. Flight Risk: Judges look at whether the person is likely to skip town and avoid trial.

In short, this act greatly decreases the amount of cases for which a magistrate can set bond, and increases the amount of cases for which an accused person could find themselves in jail for up to 48 hours.

More videos on YouTube The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history. The defendant's family situation.

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Bail Out Bonding With Someone In North Carolina