Different Types of Bonds in North Carolina

You will likely be brought before a magistrate judge if you have been arrested for a crime. The judge will set a bond amount for the crime or crimes you have been charged with. Depending on the type of bond, you may need to stay in jail until you post the bond or until the court resolves your case. Most people who have been arrested prioritize their freedom and will want to post bond so they can go home and away from trial.

If your loved one has been arrested and you are wondering what to do, it is essential to understand the bail bond process in North Carolina. If you have already been arrested and you are waiting to bond out, it is vital that you remember you have the right to remain silent. You can stay very clear to the police officers that you want to speak to your attorney before you answer their questions. Doing so will help you invoke your right to legal counsel.

What Constitutes Bond in North Carolina?

In some situations, when a person has been charged with a crime in North Carolina, police officers may issue them a ticket and require them to appear in court later. For more serious misdemeanor and felony cases, a person will be arrested, taken into custody, and brought to a local facility before a magistrate judge sees them.

The magistrate will determine if there is probable cause for the arrest and define the terms and amount of the bond. In situations involving alleged assault, such as domestic violence, assault, or murder charges, the magistrate may not be able to set a bond.

However, the magistrate usually has broad discretion regarding the amount of the bond and the type of bond to be set. An attorney may be able to speak with the magistrate on your behalf to try to negotiate a lower bond amount. In North Carolina, multiple different types of bonds can be set, including but not limited to the following:

• A written promise to appear: This is not a bond, but it does mean what it sounds like. The defendant is free to leave custody as long as they provide a written promise to appear on their court date.
• Unsecured bond: With an unsecured bond, the magistrate sets a monetary bond amount. However, the defendant is not required to pay the money to be released from jail. If the defendant fails to appear at the required court date, a judgment will be issued against them for the money they failed to pay. If they are caught later, they must pay that amount and a new, higher bond amount to get out of jail again.
• Secured bond: A secured bond is satisfied by paying cash in the amount of the bond, hiring a bond company, or using collateral such as real property to secure the bond. Secured bonds are the most common type of bond. The court will keep the secured property if the defendant does not show up on the required court date.
• Cash bond: A cash bond is a monetary bond that can be paid using United States currency. Most people do not have enough assets to pay the cash bond.

After you post bond, you will provide the court with security to ensure you sre motivated to appear at the date and time of your scheduled court hearing. As long as you attend all of the court dates that have been planned, the bond will be returned to you. The 8th Amendment of the U.S. Constitution prohibits bonds from being excessive. The bond’s primary purpose should be to ensure the defendant returns to court. If your attorney thinks the bond amount is excessive, you can appeal it before you post it.

How Do I Post Bond Now That the Bond Amount is Set?

You can post a bond for someone else in North Carolina in three main ways. First, you can pay the entire amount to the court directly. You can also offer collateral equal to or over the bond amount, such as your home. Finally, you can hire a bail bond agent to post your bond.

Contact a Skilled Criminal Defense Attorney in North Carolina

You have been arrested in North Carolina? You may be attempting to post a bond for yourself or your loved one. Hiring an experienced attorney can help you navigate the complicated bond posting process. An attorney can also negotiate aggressively for the best outcome possible in your case. Do not hesitate to contact the skilled attorneys at Arnold & Smith, PLLC, to schedule a complimentary case evaluation and learn more about how we can fight for you.