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If you appear for trial or the charges are disposed of before trial, the amount posted will be refunded. If you do not appear, all cash posted will be forfeited and the full amount of bail becomes due.
[Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.]
Bond forfeiture is the enforcement of a guarantee. This can apply to any bond but the best example is the bail bond. Most commonly, bail bonds are forfeited when a defendant misses a court date. The bail bondsman or bondswoman must then pay the outstanding bail.
If the defendant appears for all the court proceedings, the person who posted the bail money will get it back, usually by a check issued about two to six weeks after the case has concluded. If the bail amount is $2,500 or less, you may be able to post 10% of the bail amount.
If a defendant fails to appear as required, the court shall order forfeiture of the bail bond and issuance of a warrant for the defendant's arrest and may set a new bond in the action.
The defendant or a co-signor enters into an agreement with these agents to put up money as a surety that the defendant will appear in court. The bail bonds agent charges a non-refundable fee of 10 percent of the bail amount. The accused usually has to pay this up front in cash or property.
You pay a set amount and as long as you show up to your court date you'll get some of that money back (excluding court fees). Property bonds are usually reserved for very high bail amounts and other special cases. The property must be located in North Carolina and the equity must be equal or greater to the bail amount.
The three ways you can post bond in North Carolina are: Paying the entire bond amount to the court. Offering the court collateral equal to or in excess of the bond amount (i.e. your home) Hiring a bail bondsman to post bond.