North Carolina Agreed Order and Final Judgment - Awarding Forfeiture
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FAQ
Police can seize not only cash from cars but real estate such as a person's home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owner's awareness.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
If you pay the bond and you meet all the judge's requirements, then the judge will order your bail as refundable. You then receive the money back ? minus any fees set by the court. If you don't meet the judge's requirements, the court can keep your bail.
Highest bar to forfeit in most cases: In general, North Carolina has only criminal forfeiture. However, prosecutors can pursue civil forfeiture in racketeering cases, where they must prove by preponderance of the evidence that property is connected to a crime.
[Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.]
A bond forfeiture occurs when a person is required to show up for court on either a personal bond or a surety bond, and they fail to show up for that court date. Some judges will give a bit of leeway, especially if that person has an attorney who can argue for them as to why they were not able to make it.
An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it: (1) Is stolen or embezzled; or (2) Is contraband or otherwise unlawfully possessed; or (3) Has been used or is possessed for the purpose of being used to commit or conceal the commission of a crime; or (4) ...
Civil asset forfeiture is a practice that allows law enforcement agencies to seize money or property?including bank accounts, real estate, and other personal property?if the person is suspected of being involved in criminal activity.
(a) If a defendant who was released under Part 1 of this Article upon execution of a bail bond fails on any occasion to appear before the court as required, the court shall enter a forfeiture for the amount of that bail bond in favor of the State against the defendant and against each surety on the bail bond.
Bond forfeiture is the enforcement of a guarantee. This can apply to any bond but the best example is the bail bond. Most commonly, bail bonds are forfeited when a defendant misses a court date. The bail bondsman or bondswoman must then pay the outstanding bail.
