Bond In Criminal Cases In Wake
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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.
