Bail bond law varies depending on which state you are in. In North Carolina, bail bonding has become an important part of the justice system.
Due to the upward trend in the crime statistics of 2016, it’s clear that many people spent some time in jail. Those making use of bail bonds didn’t stay in jail for long. This is important because it gives them more time to plan their legal defense.
Unfortunately, few know much about bail bonds and bond law. Keep reading to learn what they entail.
What You Need to Know About Bail Bond Law
Before digging into bond law, you must first understand bail and the bail bonds process. Courts set an amount known as bail, which allows an arrested individual to pay for their release. They must then show up at a later date for their trial.
Let’s look at five things you should know about bond law in North Carolina:
1. Bail Bonds Statutes
North Carolina’s General Statute Chapter 58 Article 71 talks about bail bonding. It defines terms such as bail bondsmen and runners. It outlines the rules for bail bonding, getting a license, and apprehending defendants.
2. How Bail Works
Since some people can’t afford to raise the funds to pay for their release, private groups can do so on their behalf. They act as your co-signer on the bond agreement.
The bail bond is a payment intended to guarantee that when they release you, you’ll appear in court for your case. The bail bond company may ask for collateral if your bail is high.
3. Determining Bail
After arresting you, the police will process you and take you to court for a bail bond hearing. The judge sets the bail amount dependent on your crime and the likelihood you’ll dodge your court case.
The standard bail fee is about 15 percent of the bail amount. You’ll pay either using cash, secured bail bonds, or unsecured bail bonds. You can also get an “Own Recognizance” release. This means you won’t pay anything but will promise in writing to be present for your court cases.
4. Bail Bondsman and Runners Licenses
The Commissioner of Insurance handles licenses for bail bondsmen and runners. Citizens are not allowed to do this work without the license. To qualify for the job, you need to go through a criminal history background check.
Other qualifications include being an NC resident and having all the identity documents. Last, you must pay a licensing fee of about $200. Runners must receive an endorsement from a professional bondsman.
5. Failure to Show Up to Court
The law says the defendant must sign a document stating they won’t flee. Unfortunately, some still do. Runners are responsible for tracking down defendants who miss their court cases. There are no licenses for bounty hunters.
The judge will issue an arrest warrant. The defendant will have to pay the full amount of bail when they are caught. The 15 percent down payment will go to the bail bonds company.
Learn More About Bail Bonding in North Carolina
As you can see, it is not hard to understand the bail bonds process. At least now you can have peace of mind that you can post bail when the police arrest you.
Contact us to learn more about bail bonding in North Carolina.