Bail In Criminal Proceedings In Wake

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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

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.

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.

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.

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.

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.

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.

More info

Bail is an amount of money that some people charged with crimes have to pay in order to be released from jail while they continue to fight their case. Find out what the process is for Wake County bail bonds in this post.You'll find out how long it takes for bail to process and what you need to do. Find more about criminal law and the criminal court process. Contents. Court sessions are not held on weekends or holidays. Bailing someone out of jail does not adjudicate the charges. He still has to face the charges. Find Local Rules and Forms that provide procedures and guidelines for courts in Wake County. Payment Information. Introduction. The complicated nature of various terms and phrases relating to bail and pretrial release or detention can sometimes lead to confusion.

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Bail In Criminal Proceedings In Wake