Saturday 7 May 2016

Understanding Bail Bonds In North Carolina

By John Cooper


Generally in each state there is a certain bail bond system they normally use to allow a charged person the opportunity to remain free at home until their trial is over. Although the options may differ in certain ways, the principles remain the same. If you have been charged with a certain crime and could be considering this option then you ought to know more about bail bonds in North Carolina.

This refers to the money that you have to deposit or promise to deposit in court for the judge to be persuaded to let the defendant free with a promise to appear in court during their trial date. This money ought to be promised by either the defendant or any surety and if the defendant does not appear then the money deposited in court will be forfeited. The surety in this case could be a family member, friend or agent.

The total amount that is to be deposited is determined by the judge handling the case and it is declared in court. It is always higher in order to deter the defendant from thinking about forfeiting it and run away. There are some amounts that have been preset for various offences but the trial judge could vary them.

This money should be deposited either in court or at jail; if it would be during the working hours then it should be at the court with the clerk and at the jail if after hours. You will then get a receipt for this amount. This will be used as proof of your payment of this security.

Once freedom is guaranteed, you should make sure that you do not fail to attend court on your trial date. If you miss court sessions then you will attract a forfeiture hearing which could also result in a warrant of arrest being issued against you. In this type of a hearing, you will explain to the court what led to your absence in court and failure to appear will lead to forfeiture of the cash you paid.

There are bond agents who usually act as sureties for the defendant upon the payment of a non-refundable fee of 10% of the amount in question. If the defendant fails to appear in court, they are allowed to forfeit the amount paid. The agent can also be authorized to look for the defendant and also arrest them for the purpose of bringing them to court.

Some states still uphold the practice of having bounty hunters look for fugitives and bring them to court. North Carolina however, does not recognize this practice anymore and even stopped licensing bounty hunters. The agents themselves are tasked with the task of re-apprehending the defendant and sue them for their money when they fail to appear in court.

If the judge orders for a cash bond, then the defendant or their surety ought to deposit the whole amount of cash with the court. The court then holds this cash until the case is completed and it is returned to the person who deposited it. If the defendant posted this cash themselves, then the court will first deduct the fines or costs incurred before returning the money.




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