Bail Out Of Jail In A Sentence In North Carolina

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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.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

You cannot bail out anyone who has been sentenced to prison. Bail is only for pre-sentencing proceedings. Once sentenced to incarceration bail is revoked, and the defendant is taken into custody.

No, bail is for people awaiting sentencing. Until that time you are innocent and bail is just a way to guarantee that you will go to court. After sentencing you are being detained as punishment and you must complete your sentence.

You can negotiate for lower criminal penalties during a plea negotiation. Your attorney can argue for a reduced sentence during the sentencing hearing. After conviction, you can file a motion to reconsider your sentence or get an early release with good behavior.

Typically after sentencing, the case is done. In some cases, the defendant may choose to appeal the judge or jury's decision, or even the sentence. There are strict deadlines for appealing. After a defendant serves a sentence, in some cases, they may be able to "clean their record".

Failing to post bond has several consequences: Extended Jail Time: You remain in custody until your court date, ranging from weeks to months. Court Appearances: Regular court appearances are required.

If the conviction is for a minor crime or the sentence is a relatively short one, there is a greater chance you will receive bail. Most jurisdictions weigh this decision by determining if your jail sentence is shorter than the time it would take to resolve the appeal. If so, you will likely have bail be available.

More info

Bail—also referred to a bail bond—is the amount you must pay and the promises you must make to be released from jail until your criminal case is resolved. If you or a loved one were given a written promise or an unsecured bond, you will not have to post any money or find a bondsman.If you were required to stay in jail after your arrest, you will be scheduled to appear before a magistrate judge for a bail bond hearing. You can't bail yourself out of jail after a criminal case is truly over. Bail is an amount of money you deposit with the court between your arrest and trial. A defendant must receive credit for all confinement "as a result of the charge that culminated in the sentence or the incident from which the charge arose." If a person is unable to post bond, another person over the age of 18 may post it for them. A defendant doesn't get jail credit toward a new charge when he or she is already serving time on another sentence. You can request a copy of a police report from a law enforcement agency that investigated or otherwise was involved in the case. Some bail conditions, such as a requirement that a suspect "obey all laws," are common.

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Bail Out Of Jail In A Sentence In North Carolina