Bail In Criminal Courts In Wake
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FAQ
WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? 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.
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.
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.
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.
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.
Bail information is considered public record in the State of California, meaning that anyone (not only defendants themselves) can request this info. The details can be accessed via the Public Access to Court Electronic Records (PACER) system or the Criminal Intake Section.
Processing time: Once bail is posted, the jail needs to process the paperwork and verify the funds before releasing the defendant. This can take anywhere from 30 minutes to several hours, depending on the jail's workload and staffing levels.
Best-case scenario: Release within 30 minutes to 2 hours after posting bail during regular business hours. More typical scenario: Release within 4-8 hours, especially during off-peak hours or weekends. Worst-case scenario: Release could be delayed for 24 hours or more in complex cases or due to logistical hurdles.
The court can grant bail after considering various factors, such as the nature of the offence, the evidence against the accused person, the likelihood of the accused person absconding, and the possibility of the accused person tampering with evidence or influencing witnesses.
