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Senin, 09 Mei 2016

Understanding Bail Bonds In North Carolina

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 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 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.

After getting your freedom, you should ensure that you never miss any date in court. Missing court would attract you to undergo a hearing for forfeiture which could also lead to your arrest warrant being issued. In such a hearing, you will address the court explaining why you missed your court date and if you do not show up then your guarantee will be forfeited.

You can also get help from bail bondsmen who are agents that can become your sureties if you agree to pay them their 10% of whatever amount you are ordered to pay. If you are the defendant and miss court then they will forfeit this amount. They will also be authorized by court to trace you and bring you before it.

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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