Bond In Criminal Cases In Wake

Category:
State:
Multi-State
County:
Wake
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

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 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.

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

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.

The 48-hour rule in North Carolina starts when the defendant is arrested. For example, if you were arrested on Friday evening, you would spend the weekend in jail and be presented to the District Court judge on Monday morning. The judge will review the formal report on your case, including your criminal record.

You can now apply for a surety online or via the phone. What you will need is information about yourself and your business, the type of bond that you require, and your financial information. The surety company will then review your application and determine your eligibility for a bond.

Is Everyone Eligible for a Surety Bond? No, not everyone is eligible for a surety bond. Being eligible for a surety bond typically depends upon two important things: whether claims have been made against your past bonds and your credit history.

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Bond In Criminal Cases In Wake