Bail For Criminal Case 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

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.

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.

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.

Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.

Unless a judge sets conditions of release, the person remains in jail for the first 48 hours.

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.

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.

Reduction of a Magistrate's Power to Set Bond Prior to the change in law, a magistrate could generally set the bond for serious offenses other than capital cases (first degree murder). The new act drastically reduces a magistrate's ability to set conditions of pretrial release on serious charges.

Can You Bail Someone Out of Jail Anytime? Yes! In California, bonds can be posted twenty-four hours a day, seven days per week.

More info

The condition of your release depends on the severity of the crime and how likely you are to show up for court. 1. For the return of bail the person whose name appears on the bail receipt must bring the following documentation to the Court Clerk's office.Find more about criminal law and the criminal court process. Contents. The Wake County, North Carolina criminal court recently rolled out a new "evidence based" system for determining bail decisions. If it happened in Criminal Court (a misdemeanor case), the application is made to a Supreme Court judge in that county. You put up YOUR money guaranteeing that the criminal would show up for court. If they "get away" then your money is forfeit. Bail is the payment the court requires from civil or criminal defendants who want to stay out of prison pending their trial. Find information, training, policies, and procedures related to eCourts for Wake County. They will read the record of your crime, in court, publically and then decide if PR bond, Singed bond, ect.

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Bail For Criminal Case In Wake