How Do Courts Set Bail in North Carolina?

How Do Courts Set Bail in North Carolina?

The legal system in North Carolina has strict guidelines to govern the arrest and release of alleged offenders. Typically, when law enforcement arrests a person on bailable charges, the individual can seek bail to get released from pre-trial detention. While there are many ways to facilitate bail, most people opt for bail bonds in Raleigh, NC,to secure their freedom. But who sets the bail amount and how do they determine the same? Let’s break down everything you need to know about the bail-setting process in North Carolina.

The Bail Process in North Carolina: An Overview

The authorities usually set the bail amount within 48 hours of arrest. A bail hearing takes place where the Judge or Magistrate assesses the case to determine the bail amount. Typically, the bail amount depends on the following considerations:

  • The severity of the offense.
  • Risk of flight.
  • Threat to the community.
  • The defendant’s criminal record.

Sometimes, Court officials use specialized software to calculate a score that helps them assess the defendant’s likelihood of violating the bail terms. The Judge may refer to this score to set a bail amount according to the level of risk. Many county jails also have bail schedules that suggest bail sums for common offenses. The Judge may use the schedules to guide the bail-setting process. However, ultimately, the bail amount depends on their discretion and critical legal considerations.

Types of Bail: Secured and Unsecured

There are two broad categories of bail in North Carolina. Secured bail refers to the defendant’s conditional release against the payment of a certain sum of money. On the other hand, unsecured bail refers to freedom from pre-trial detention based on written assurance. In most cases, a defendant is obligated to pay a stipulated sum to the authorities if they fail to meet the terms of unsecured bail. However, if they get released on personal recognizance, they have no obligation to make a payment.

Secured bail is more common than unsecured bail because it offers a stronger guarantee that the defendant will attend all Court hearings. In North Carolina, Courts set secured bail in 67.6% of misdemeanor cases and 79.5% of felony cases because it reduces the risks of skipping bail.

How to Pay for Secured Bail in North Carolina?

The most common ways to pay for secured bail are cash and surety. These two methods work as follows:

Cash Bail:

The defendant can pay the Court authorities in cash to cover the entire bail amount. Alternatively, they can provide property collateral to secure bail. However, this option is often too expensive and inconvenient for defendants, leading them to seek the help of bail bond agents.

Surety Bonds:

A bail bondsman in Raleigh, NC canpost a surety bond on behalf of a defendant to secure their release. In this case, the alleged offender must pay a nominal percentage of the bail amount to the bail bond agent as their fee. Then, the bail bondsman underwrites the bail bond to facilitate the defendant’s release.

You can contact the Case Closed BailBondsteam to know more about the bail process. Their team of experienced bondsmen in Raleigh, NC,can help you or your loved ones arrange bail!

Main Office
4801 Glenwood Ave #200 Raleigh, North Carolina 27612
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