Difference Between Bond And Bail In North Carolina

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A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Criminal History: If the person arrested has a record, especially for similar offenses, the judge might set a higher bail. If it's their first time, they could get a lower amount. Flight Risk: Judges look at whether the person is likely to skip town and avoid trial.

The Pretrial Integrity Act has changed how pretrial release works in North Carolina. If you're arrested for a serious felony, or if you already have pending charges, a judge must now set your bond. This means you might have to wait longer in custody before you can be released.

You will need to draft a motion to set or reduce bond. You will need to request a hearing date and you will need to serve a copy of the motion on the prosecutor. Your girlfriend will need to sign the motion if she does not have an attorney. You may take it to the Clerk of Court and file the motion.

A bond cannot be reduced if the prosecutor is not willing and the judge rules in their favor. However, without an attorney now, she can submit a request to the judge. It is called A Motion to Request Reduced Bond. If she is on her own, she can just write it in letter form.

In short, this act greatly decreases the amount of cases for which a magistrate can set bond, and increases the amount of cases for which an accused person could find themselves in jail for up to 48 hours.

In North Carolina, individuals charged with misdemeanor or felony domestic violence can be held without bond for 48 hours. The same is true for people who violate protection orders or are charged with domestic criminal trespassing.

More info

Bail—also referred to a bail bond—is the amount you must pay and the promises you must make to be released from jail until your criminal case is resolved. A bond is a written agreement between the defendant, a surety (usually a bail bond agent), and the court.If you or a loved one were given a written promise or an unsecured bond, you will not have to post any money or find a bondsman. Bail: In the case of bail, no intermediary or bondsman is involved. The defendant or their family deals directly with the court. What's the Difference Between Bail and Bond? What is the difference between bail and bond in North Carolina? Ordille, 229 N.C. 490 (1948). 2) The Appearance Bond should be executed in the defendant's name, only. Bond is when you have someone else, usually a bondsman, pay a portion of your bail on your behalf.

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Difference Between Bond And Bail In North Carolina