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Bond Hearings in North Carolina
Bail is the amount of money you will need to post to gain your release from jail. Bail acts as collateral to ensure that you will show up for future court hearings and your trial. It acts as a guarantee; if you fail to present yourself in future court hearings, the amount will be forfeited. If you act in good faith by showing up, the amount will be returned to you once your trial is over. Once bail has been set by the presiding judge, it can be posted as a surety bond, typically through a bail bond company.
Understanding Different Types of Bonds in North Carolina
When someone is arrested in North Carolina, the court may grant them release through a bond. The type of bond required depends on the severity of the charges, criminal history, and other factors. Here’s a breakdown of the different types of bonds and how they work.
Unsecured Bonds vs. Secured Bonds
- Unsecured Bonds – The defendant is released without paying upfront but signs an agreement to pay a set amount if they fail to appear in court. This is typically granted to individuals with strong community ties and no prior offenses.
- Secured Bonds – The defendant must provide money or collateral before being released. If they appear in court as required, the money or property is returned. If not, they forfeit the bond.
Cash Bonds vs. Surety Bonds
- Cash Bonds – The full bail amount must be paid in cash directly to the court. This can be refunded if the defendant meets all court obligations.
- Surety Bonds – A bail bondsman posts bail on behalf of the defendant, usually charging a non-refundable fee (typically 10-15% of the total bond). If the defendant fails to appear, the bondsman is responsible for paying the court.
The Role of a Criminal Defense Attorney in a Bond Hearing
A criminal defense attorney plays a crucial role in securing the best possible bond outcome for a defendant.
How an Attorney Can Argue for Lower Bail
- Present evidence that the defendant is not a flight risk (e.g., steady employment, family ties).
- Show a lack of prior criminal history or demonstrate that the charges are not severe.
- Offer alternatives, such as electronic monitoring or supervised release, to assure the court of compliance.
What Happens if Bail is Denied?
- Filing for a Bond Reduction Hearing – A lawyer can petition the court to reconsider the bond amount if circumstances change.
- Appealing to a Higher Court – If the judge denies bail, an attorney may request a review by a higher court.
- Requesting a Conditional Release – Sometimes, a lawyer can negotiate for supervised release or reduced restrictions.
Having an experienced attorney in a bond hearing can significantly impact the outcome, ensuring the defendant has the best chance for pretrial release.
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Bond Hearing Proceedings & Factors
In bail hearings, the presiding judicial official’s job is not to discuss guilt or innocence but review the circumstances of your case to decide if you should be released. During the proceeding, you must be present along with your attorney. The proceeding does not involve a jury. Only the judge will decide.
Judges will look at various factors to determine the outcome. Their main purpose is to decide if you are a flight risk or present a danger to the community or yourself.
In deciding, judges may review:
- The type of crime you are accused of committing
- Your past criminal convictions if any
- Your family ties and connections to the community
- Your employment history and/or financial resources
- Your character
In these hearings, the local prosecutor may argue against your release. You will need a strong presentation by your attorney to counteract this. By showing the judge a history of positive accomplishments, our team can reassure the judge that you are not a risk to others or someone who will flee to avoid a trial.
In bail/bond hearings, our Shelby bond hearing lawyer will present a well-prepared case to the court. It is important to remember that this proceeding is based on a presumption of innocence and thus you have certain protections that those who have been found guilty do not.
Frequently Asked Questions (FAQ) About Bond Hearings in North Carolina
How long does a bond hearing take?
- A bond hearing is usually a short proceeding, often lasting anywhere from a few minutes to half an hour. However, the complexity of the case and arguments presented by both the defense and prosecution can affect the duration.
Can bond amounts be changed after the initial hearing?
- Yes. If circumstances change, such as new evidence or a change in the defendant’s financial situation, a defense attorney can request a bond reduction hearing to argue for a lower amount or different bond conditions.
What happens if I can’t afford bail?
- If bail is set too high, you have options. Your attorney can request a bail reduction, a family member can post bail on your behalf, or you can use a bail bondsman, who typically charges a percentage of the bail amount as a non-refundable fee.
Can a bond be revoked after it’s granted?
- Yes. If the defendant violates any pretrial conditions, such as failing to appear in court, committing another offense, or not following restrictions set by the judge, the bond can be revoked, and they may be taken back into custody.
What factors determine if someone gets a bond?
- Judges consider several factors, including the severity of the charges, past criminal record, ties to the community, flight risk, and whether the person poses a threat to public safety.
Can I leave the state while out on bond?
- It depends on the conditions set by the judge. Some bonds allow travel, while others require the defendant to stay within a certain jurisdiction. Violating these conditions can result in immediate arrest.
What is a first appearance, and is it the same as a bond hearing?
- A first appearance is when a defendant is formally advised of their charges and rights. In some cases, a bond may be set at this hearing, but if not, a separate bond hearing may be scheduled.
Protect Your Rights at a Bond Hearing! A strong defense can make all the difference. Contact us at (704) 396-5155 to discuss your case with our dedicated legal team.
Contact Teddy, Meekins & Talbert, P.L.L.C. for Bond Hearings
We will do everything possible to convince the court that you are not likely to flee, commit further crimes, or that you pose a danger to others. Our team of highly-experienced lawyers includes a Board-Certified Criminal Law Specialist, who has the expertise needed in pursuing favorable results in these proceedings.