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Appreciating Bail Bonds In North Carolina

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By John Cooper


Generally in each state there is a certain bail bond system they normally use to allow a charged person the opportunity to remain free at home until their trial is over. Although the options may differ in certain ways, the principles remain the same. If you have been charged with a certain crime and could be considering this option then you ought to know more about 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 total amount that is to be deposited is determined by the judge handling the case and it is declared in court. It is always higher in order to deter the defendant from thinking about forfeiting it and run away. There are some amounts that have been preset for various offences but the trial judge could vary them.

The amount to be deposited in court can be done during the normal business hours in court with the clerk or at the jail if it would be after hours. The jail or court will then issue a receipt acknowledging this fact. This will act as proof that a certain defendant has paid their security.

Once freedom is guaranteed, you should make sure that you do not fail to attend court on your trial date. If you miss court sessions then you will attract a forfeiture hearing which could also result in a warrant of arrest being issued against you. In this type of a hearing, you will explain to the court what led to your absence in court and failure to appear will lead to forfeiture of the cash you paid.

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.

Most states allow the use of bounty hunters whose main task is to track down the fugitives and bring them before court. However, in North Carolina this practice has so far been outlawed and each of these agents ought to re-apprehend their fugitives. These agents are also allowed to sue their indemnitors should the defendant fail to appear in 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.




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