Thursday, May 12, 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 amount to be deposited is usually determined by the trial judge and the defendant has to wait for it to be confirmed by the judge. This amount is set at a high amount as a way of making the defendant not to consider forfeiting it and make a run. Most of the courts are guided by the preset amounts that are set for every offense but it is common to find a judge deviating from this amount for various reasons.

The cash to be deposited in court should be deposited in court with the court clerk during working hours or at the jail if it is done after working hours. A receipt is usually issued to confirm that you have actually deposited the bail. This will be produced as evidence of this transaction.

Once you are released temporarily from jail, you should ensure that you never miss your court date at all. If you miss court then you would risk facing a forfeiture hearing and an arrest warrant maybe issued against you. During this hearing the defendant will explain why they did not appear before court and if they do not appear then the court will forfeit the guarantee they paid to it.

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.

If the judge orders for a cash bond, then the defendant or their surety ought to deposit the whole amount of cash with the court. The court then holds this cash until the case is completed and it is returned to the person who deposited it. If the defendant posted this cash themselves, then the court will first deduct the fines or costs incurred before returning the money.




About the Author:



No comments:

Post a Comment