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.
North Carolina Bail Bond Agreement is a legally binding contract made between a bail bondsman and an individual who has been charged with a crime and is seeking temporary release from jail. This agreement outlines the terms and conditions under which the bail bondsman agrees to secure the release of the accused person by posting bail on their behalf. It is an essential document that governs the relationship between the bondsman, the defendant, and the court system. The North Carolina Bail Bond Agreement typically includes crucial information such as the name, contact details, and identification of the defendant. It also outlines the charges the defendant is facing, the amount of bail set by the court, and the specific obligations of both the bondsman and the defendant. Within North Carolina, there are various types of bail bond agreements that may be utilized depending on the specific circumstances of the case. Some common types include: 1. Cash Bond: This type of bond involves the defendant or a co-signer paying the full bail amount in cash to the court or jail. Once the case is concluded, and all court appearances are made, the cash is returned, minus any applicable fees. 2. Surety Bond: This is the most prevalent type of bail bond agreement in North Carolina. In this arrangement, a licensed bail bondsman acts as the surety, promising the court that they will pay the full bail amount if the defendant fails to appear in court as required. The bondsman typically charges a non-refundable premium, usually 10% of the total bail amount, for their services. 3. Property Bond: In certain situations, the court may accept property as collateral to secure the release of the defendant. This involves the defendant or a co-signer providing the court with a deed or title to property worth the full amount of the bail. Failure to comply with the terms of the bail bond agreement may result in the court seizing the property. 4. Release on Own Recognizance (ROR): In some cases, the court may release the defendant without requiring bail or a bail bond agreement. This is usually granted to individuals with a minimal flight risk, established community ties, and a clean criminal history. It is important to note that each bail bond agreement in North Carolina may have specific conditions and requirements that must be adhered to. These conditions may include regular check-ins with the bondsman, restricted travel, or participation in court-appointed programs. Understanding the intricacies of the North Carolina Bail Bond Agreement is crucial for both defendants and their families. Consulting with a qualified bail bondsman or legal professional is highly recommended ensuring compliance with the agreement's terms and conditions and to navigate the legal process effectively.
