North Carolina Motion to Release Defendant and Set Reasonable Bond

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Multi-State
Control #:
US-02735BG
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Word; 
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Description

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 bond 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 second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.

Motion for Appropriate Relief by the Defense Under G.S. 15A-1414, the defendant may file an MAR within 10 days of entry of judgment (even if notice of appeal has already been entered) seeking relief for ?any error? that occurred during the trial.

Pretrial Release release on personal recognizance. payment of cash bail. securing surety or property bonds. a requirement to submit to electronic monitoring. pretrial supervision.

The judicial official must impose one of four pretrial release conditions: (1) the defendant signs a written promise to appear; (2) the defendant is placed under the supervision of a person or organization; (3) the defendant signs an unsecured appearance bond; or (4) the defendant signs an appearance bond secured by a ...

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

Before the judge makes the decision on whether to grant bond, there must be a hearing regarding such factors as how long the defendant has lived in the area, if they have family nearby, prior criminal record, and any threats to victims or witnesses in the case.

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North Carolina Motion to Release Defendant and Set Reasonable Bond