Bail And Bond In Crpc In Wake

Category:
State:
Multi-State
County:
Wake
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

Bail cancellation occurs upon the court receiving proof of death. A death certificate from a local or state registrar is sufficient in California. Once you provide this proof, any collateral used for the bond will be returned. That's because the defendant is no longer a flight risk.

The bail bond agent will need you to sign some paperwork in order for you to secure their services. This usually means paying an amount to the agent, usually a percentage of the total bail amount, and signing off on any collateral for the bond.

What Kind of Documentation Do You Need to Get Bonded? Application. The first step to getting bonded is completing the application or questionnaire that your agent provides you. Financials. Work In Progress Form. References. Resumes. Certificate of Insurance.

The bail bond agent will need you to sign some paperwork in order for you to secure their services. This usually means paying an amount to the agent, usually a percentage of the total bail amount, and signing off on any collateral for the bond.

Common Questions. Does Your Bond Go Down When You Stay in Jail? Clarification: Staying in jail does not reduce your bond automatically, but prolonged detention can be argued for bail reduction.

The length of time someone can remain out on bond varies widely and depends on court schedules, case specifics, and compliance with bond conditions, lasting from weeks to over a year in some cases. Courts may revoke bonds if conditions are violated, resulting in immediate re-incarceration.

There is no maximum amount of time that one could be on bail. I've had clients on bail for up to a year when their case was resolved. Bail is good until the case is resolved, whenever that is. When the case is resolved, the judge will release the defendant from bail.

Bail bonds in California are valid for the life of the cases unless you miss court or get rearrested. Then, depending on the circumstances, you may need to post another bond.

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.

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Bail And Bond In Crpc In Wake