Monday, May 9, 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.

It is usually the money that is deposited or even promised to a court in order for the judge to be persuaded to release a defendant who should promise to return on the day of their trial. This amount is usually promised by the defendant or a surety that should there be no appearance by the defendant, the money will be forfeited. The surety could either be an agent, family member or friend.

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 you are released temporarily from jail, you should ensure that you never miss your court date at all. If you miss court then you would risk facing a forfeiture hearing and an arrest warrant maybe issued against you. During this hearing the defendant will explain why they did not appear before court and if they do not appear then the court will forfeit the guarantee they paid to it.

You can also get help from bail bondsmen who are agents that can become your sureties if you agree to pay them their 10% of whatever amount you are ordered to pay. If you are the defendant and miss court then they will forfeit this amount. They will also be authorized by court to trace you and bring you before it.

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.

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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