Demand Forfeiture Bond In North Carolina
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It also says that if a judge is available, then a bond must be set. If a judge is not available, then the defendant will be held for 48 hours following arrest. Once that time expires, the Magistrate is authorized by law to set bond.
(a) If a defendant who was released under Part 1 of this Article upon execution of a bail bond fails on any occasion to appear before the court as required, the court shall enter a forfeiture for the amount of that bail bond in favor of the State against the defendant and against each surety on the bail bond.
If a defendant's bond is forfeited, it means that they have failed to comply with the conditions of their release.
Bond forfeiture means that the person loses the guarantee made by the bail bond company on their behalf. There are some circumstances in which the judge might excuse the accused for missing court and bail or bond can be reinstated.
A bond forfeiture occurs when a person is required to show up for court on either a personal bond or a surety bond, and they fail to show up for that court date. Some judges will give a bit of leeway, especially if that person has an attorney who can argue for them as to why they were not able to make it.
(a) If a defendant who was released under Part 1 of this Article upon execution of a bail bond fails on any occasion to appear before the court as required, the court shall enter a forfeiture for the amount of that bail bond in favor of the State against the defendant and against each surety on the bail bond.
This October, the North Carolina Legislature passed the North Carolina Pretrial Integrity Act. In short, this act greatly decreases the amount of cases for which a magistrate can set bond, and increases the amount of cases for which an accused person could find themselves in jail for up to 48 hours.
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.
