The Bail Bond Process
Johnson Bail Bonds
North Carolina Bond Procedure
In North Carolina, the bail bonding procedure can be confusing and distressing, especially when navigating the legal system, legal terms, conditions set forth by a judge or magistrate and getting a timely release from jail.
Once an arrest has been made, a bail hearing will occur and the jail or bailiff will set a bail amount based on the severity of the crime, criminal history, ties to the community, flight risk and other factors. Bail is the amount of money set by the court which must be posted or paid before being released from jail. This bail amount guarantees the arrestee will appear in court for all required hearings, proceedings and the actual trial.
Bail can be posted in several forms, including property, cash or a bail bond. A bail bond is a written agreement between the defendant, a bail bond agency and the court. The bail bond agent charges a non-refundable fee in exchange for posting the defendant’s bond and securing release from jail. Bail bonding agents are required when the defendant does not own property or have the required cash amount to be released from jail.
The bail bonding process can take various forms in North Carolina.
- Secured Bail: The defendant pays the full amount of the bail with cash or property. The bail is returned to the defendant after the case has been concluded, regardless of the trial’s outcome.
- Unsecured Bail: The defendant does not have to pay the full amount of the bail up front; however, in the event the defendant does not appear in all trial proceedings, the defendant will be liable for the entire bail amount.
- Surety Bond: A bail bond agency will post a bond on the defendant’s behalf, requiring payment of an non-refundable premium to secure release from jail.
- A Written Promise To Appear: In limited circumstances, a defendant will be allowed to agree in writing to attend all court proceedings.