Wednesday, May 11, 2016

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 bail amount is usually set by the judge and the defendant has to wait for the judge to pronounce it before court. The amount is usually set high enough in order to ensure that the defendant will not just forfeit it easily and disappear. Most courts usually have preset amounts for every offense but at time judges can deviate from these amounts.

The amount to be deposited in court can be done during the normal business hours in court with the clerk or at the jail if it would be after hours. The jail or court will then issue a receipt acknowledging this fact. This will act as proof that a certain defendant has paid their 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 some agents referred to as bail bondsmen who can become your surety after paying them 10% of the bail amount. In this case if the defendant abscond court then the agents will be allowed to forfeit the cash paid to them. They can also be given authority to trace the defendant and bring him before court.

Most states allow the use of bounty hunters whose main task is to track down the fugitives and bring them before court. However, in North Carolina this practice has so far been outlawed and each of these agents ought to re-apprehend their fugitives. These agents are also allowed to sue their indemnitors should the defendant fail to appear in court.

There are instances when the judge may make an order for cash bond to be given and the defendant has to ensure that the whole amount is deposited in court. This cash is then held by the court until the case is completed. Any fines or costs by the defendant are deducted from it before it is returned.




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