Bail Bonds: What You Need to Know

For more information, or help with bail bonds in Mecklenburg and surrounding counties, contact Bails R Us Bonding Co. at 704-906-1966.

What does it mean to post bail?

Bail is the cash or bond provided to guarantee the defendant’s appearance in court in return for the defendant’s release until the court date or dates. By posting bail, bail bondsmen ensure a defendant’s constitutional right to remain free from custody pending trial.

What are the types of bail bonds?

There are four main types of bail bonds:

  • surety bond is a contract with a bail agent for the bail amount. A surety (insurance) company underwrites the bond in exchange for payment of a premium percentage of the bail’s full amount. Some form of collateral secures the remaining bond amount.
  • A cash bond is the full amount of bail posted by the defendant in cash.
  • A federal bond is a bond for cases dealing with federal offenses (like interstate crimes).
  • An immigration bond is a bond set for someone held by the U.S. Immigration and Naturalization Service (such as an immigration violation).

What is collateral?

Collateral needs to cover the amount of bail, because it guarantees the defendant’s promise to appear in court. Collateral can include vehicles, property, jewelry, stocks, bank accounts and certain other assets.

How is bail determined in North Carolina?

North Carolina judges or magistrates consider several factors when deciding on bail for a defendant. The most important is the nature and circumstances of the offense. The judges or magistrates also look at:

  • If a firearm was allegedly used in the offense.
  • If the defendant is currently on probation or parole.
  • If the defendant has a prior criminal record or prior charges of failing to appear in court.
  • If the defendant is likely to obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness, juror or victim.

Does my money get returned after the defendant goes to court?

First, the defendant must make the required court appearance(s) and the case must be decided. Then the collateral gets released and the bond gets exonerated (meaning released from obligation) based on the court appearance and decision. The money you paid to a bondsman does not get returned, as this amount is the bondsman’s fee for getting the defendant out of jail before the court appearance(s).

What if the defendant I bail doesn’t show up to court?

If the defendant does not appear in court, the court will issue an arrest warrant, and the co-signer (usually a family member or friend who arranges for bail) will become responsible for the full bail amount.

Where can I find out more?

For a free consultation, or more details about bail in Mecklenburg and surrounding counties, contact Bails R Us Bonding Co. at.

704-906-1966

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