Sunday, May 8, 2016

Identifying With Bail Bonds In North Carolina

By John Cooper


There is a distinct bail bond system in every state which is important as it allows a person charged with a certain crime to gain temporary freedom until their case is heard and determined. The options of this arrangement may differ but the key principles remain same. If you are facing criminal charges and could be looking at exploiting this option then you should learn a few things on 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.

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.

There are a number of states that allow the use of bounty hunters to look for the fugitives and take them to court. In North Carolina however, they have outlawed this practice and they do not license bounty hunters anymore. The agents ought to re-apprehend the defendants and can also sue them if they fail to appear before court.

There are some cases where the trial judge may make orders requiring that cash bond be deposited in court and therefore the defendant has to ensure that it is deposited in full. The court will then hold onto the cash until the case concludes. Before this cash is returned to the defendant, any costs or fines are deducted from it.




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