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North Carolina
Motion to Release Defendant and Set Reasonable Bail

North Carolina Motion to Release Defendant and Set Reasonable Bail

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-02728BG

Format:

Instant download

Description

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.

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How to fill out Motion To Release Defendant And Set Reasonable Bail?

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FAQ

Release on recognizance (ROR) ? The court releases some defendants on a signed agreement that they will appear in court as required ? [which] includes citation releases in which arrestees are released pending their first court appearance on a written order issued by law enforcement or jail personnel.

The judicial official must impose one of four pretrial release conditions: (1) the defendant signs a written promise to appear; (2) the defendant is placed under the supervision of a person or organization; (3) the defendant signs an unsecured appearance bond; or (4) the defendant signs an appearance bond secured by a ...

When setting bond for a defendant, a judge typically considers several factors, including the defendant's criminal history, the nature and severity of the current charges, the defendant's ties to the community, and the defendant's employment status and financial resources.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

Before the judge makes the decision on whether to grant bond, there must be a hearing regarding such factors as how long the defendant has lived in the area, if they have family nearby, prior criminal record, and any threats to victims or witnesses in the case.

Own Recognizance (OR) A person is granted release on their own recognizance when the judge releases them with no money bail or conditions. The person is simply released and can fight their case outside of custody.

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

?Bail? is money or property that a defendant puts up as a promise to return for future court dates.

North Carolina Motion to Release Defendant and Set Reasonable Bail

Description

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How to fill out Motion To Release Defendant And Set Reasonable Bail?

Form popularity

FAQ

What is the release of a person without payment of bail who promises to appear in court to answer criminal charges called?

What are the conditions for release in NC?

What factors may affect a judge's decision regarding whether a defendant should be released on bail?

What does it mean if a judge releases a defendant on personal recognizance?

What factor is an issue normally considered when deciding whether or not to grant bail?

Which type of bail release occurs when the defendant is released without bail upon the condition that they promise to return for trial?

What occurs when a defendant is released without bail upon their promise to return to court?

Which type of bond requires nothing but the defendant's promise to return to court when required?

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North Carolina Motion to Release Defendant and Set Reasonable Bail

Description

Related forms

Viewed forms

How to fill out Motion To Release Defendant And Set Reasonable Bail?

Form popularity

FAQ

What is the release of a person without payment of bail who promises to appear in court to answer criminal charges called?

What are the conditions for release in NC?

What factors may affect a judge's decision regarding whether a defendant should be released on bail?

What does it mean if a judge releases a defendant on personal recognizance?

What factor is an issue normally considered when deciding whether or not to grant bail?

Which type of bail release occurs when the defendant is released without bail upon the condition that they promise to return for trial?

What occurs when a defendant is released without bail upon their promise to return to court?

Which type of bond requires nothing but the defendant's promise to return to court when required?

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