How Do North Carolina Criminal Courts Establish Bail Bond Amounts?

By robertslaw, In Criminal Defense, 0 Comments

At the Marcilliat & Mills PLLC, our criminal defense attorneys and support staff in Raleigh have more than 80 years of combined experience representing clients throughout North Carolina.

As one of the first orders of business, our skilled defense attorneys will ask the judge to set bail for our clients, which is money the defendant posts to get out of jail until the case is heard, so they can go home to their families instead of remaining behind bars.

To determine whether our clients can be released while their case is pending trial, the judge will review a variety of factors to determine the amount of bond to set, which is a sum of money the court holds until the case is complete. Generally, bond is about 10% to 15% of the total bail amount that will be returned to the defendant — or the individual who posts it — once the case is complete.

Bail bonds are an incentive for a defendant to attend court appearances or else lose the money they paid.

How is the Bail Bond Amount Established in North Carolina?

The amount of bond is usually in direct relation to whether the person could be dangerous to the community if let out of jail.

When the judge determines the amount, he or she will evaluate the seriousness of the crime and the defendant’s prior convictions, among other details that will sway the decision to create a higher or lower amount.

The different types of bonds in North Carolina include:

  • Own Recognizance Release (OR)

When a defendant is released on their own recognizance, no bail bond money is required. Instead, he or she must promise in writing to return to attend the necessary court proceedings.

OR is commonly used for situations that involve minor offenses where the defendant has no criminal background.

  • Unsecured Bond

When a defendant is released on an unsecured bond, no immediate payment is required. Instead, he or she must agree to pay a bond if they fail to appear at their designated hearings.

The bond amount is set, and the defendant signs a promise to pay if they do not return.

  • Secured Bond

When a defendant is released on a secured bond, payment must be made before the defendant is released from jail. The payment amount is typically a portion of the entire bond that was set by the judge and can be secured with money or with assets by working with a bail bonds person.

  • Cash Bond

When a defendant is released on a cash bond, he or she must post the entire amount of the bond in cash before being released.

Cash bonds, also called C bonds, are typically reserved for the worst and most serious crimes in situations where the release of the defendant could be dangerous.

While out on bond, all defendants must abide by all the conditions of pretrial release set forth by the court during this time. If you fail to show up for your court date or if you do not abide by the requirements, you will forfeit the bond money that was paid and return to jail until the case is resolved.

Contact Our Skilled Criminal Defense Attorneys in Raleigh, North Carolina for Help

Contact our skilled Raleigh criminal defense lawyers at the Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can empower you to take a stand and pursue real results for your unique legal circumstances.