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 second deed of trust or mortgage on one's house.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.
Description: A North Carolina Motion to Release Defendant and Set Reasonable Bail is a legal document that seeks the release of a defendant from custody prior to their trial while ensuring that a fair and appropriate bail amount is set. This motion is made by the defendant or their attorney with the intention of securing their temporary release from jail. In North Carolina, there are different types of Motions to Release Defendant and Set Reasonable Bail, which vary based on the circumstances of the case. These include: 1. Pretrial Release: This type of motion is typically filed by the defendant's attorney and argues that the defendant poses no flight risk or danger to the community, therefore justifying their release on bail pending trial. 2. Release on Personal Recognizance (PR): A motion for release on PR is filed when the defendant has strong community ties, a stable job, and no prior criminal history. This motion requests the court to release the defendant without requiring them to post any bail amount. 3. Release on Unsecured Bond: This motion is filed when the defendant lacks sufficient financial means to post a cash bond. It requests the court to release the defendant on the condition that they will be held liable for a specific amount of money if they fail to appear in court. 4. Release on Surety Bond: A motion for release on surety bond is filed when a third party, often a professional bail bondsman, agrees to act as a surety for the defendant. The bondsman pledges a specific amount of money to the court, ensuring the defendant's appearance at future court dates. 5. Release on Secured Bond: This motion requests the court to set bail at a specific amount, which can be paid either by the defendant or a third party, using real estate or other valuable assets as collateral. In any of these motions, the defense attorney will present arguments supporting the defendant's temporary release, such as the defendant's strong ties to the community, their steady employment, family responsibilities, lack of prior convictions, and the absence of flight risk or threat to public safety. It is important to note that the decision regarding the release of the defendant and the bail amount rests with the judge, who takes into consideration factors like the seriousness of the charges, the defendant's criminal history, ties to the community, and the likelihood of them appearing in court. The North Carolina Motion to Release Defendant and Set Reasonable Bail is a crucial document in the legal process, aiming to ensure fairness and protect the rights of the accused.
