Bail In Criminal Procedure In Wake

Category:
State:
Multi-State
County:
Wake
Control #:
US-00006DR
Format:
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

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.

Yes! In California, bonds can be posted twenty-four hours a day, seven days per week. But whether you can bail someone out of jail at any time depends on their situation.

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.

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.

Examples of felony charges include murder, robbery and rape (see Penal Codes) and possession of dangerous drugs for sale (see Health and Safety Codes). Felony processing generally includes an arrest is made and the defendant is taken to jail where either: No charges are filed and defendant is released.

The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).

In some jurisdictions, the court may also allow you to post a property bond, which will use property that you own as collateral for your conditional release. Unfortunately, though, if your bail amount is high, you may not have the resources to post bail with the court on your own.

Bail is not intended as a punishment in itself. It is rather a way of securing a defendant's agreement to abide by certain conditions and return to court.

In cases in federal court and most state courts, the time that a defendant has served in pre-trial custody is credited towards the defendant's sentence.

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Bail In Criminal Procedure In Wake