Wake North Carolina Motion to Release Defendant and Set Reasonable Bail

Category:
State:
Multi-State
County:
Wake
Control #:
US-02728BG
Format:
Word; 
Rich Text
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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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FAQ

Once your loved one has been arrested, bail will be set by a local judge or magistrate. There are factors considered when setting bail, including: The type and severity of crime the person has been arrested for. Whether or not the arrested will likely appear in court on their court date.

Cash Bond: Also called a C Bond this is the most serious kind of bond in the North Carolina System. A cash bond requires the defendant to come up with the entire amount of the bond set forth in order to secure their release. Most bail bond companies will not assist defendants with cash bonds.

Types of Pretrial Release From October 2011 to October 2015, 41.5 percent of individuals booked into jail secured pretrial release, accounting for about 648,000 releases. 16 Among those who secured pretrial release, cite and release (46.6%) and bail (27.8%) were the most common forms of release.

Pretrial release refers to the conditions of release from custody to which defendants must adhere during the time period between the filing of charges by law enforcement and court adjudication.

State Legislatures: Commercial bail is the most common form of pretrial release.

Murder defendants (19%) had the lowest probability of being released, followed by those charged with robbery (44%), burglary (49%), motor vehicle theft (49%), or rape (53%). Defendants charged with fraud (82%) were the most likely to be released.

If you pay the bond and you meet all the judge's requirements, then the judge will order your bail as refundable. You then receive the money back minus any fees set by the court. If you don't meet the judge's requirements, the court can keep your bail.

Bail often means a defendant enters into a recognisance (a bond between them and the court) to pay money if they break the conditions of bail. Anyone providing a guarantee (or surety) may also have to enter into a recognisance.

There are three different types of pretrial release: Release with a surety bond. Release with a cash bond. Release on your own recognizance.

Being released on bail means that you're no longer held in police custody after being suspected of a crime. However, getting out of jail does not mean the matter you were allegedly involved in has been resolved. You must still go through a trial to defend your innocence.

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Wake North Carolina Motion to Release Defendant and Set Reasonable Bail