Getting bonded out of jail in Raleigh, North Carolina
If you’ve been arrested, one of your first priorities will be regaining your freedom. Within the first 24 hours hours, you will be brought before a magistrate so that your bond can be set. Any person can post his or her own bond if they are financially able. If a person is unable to post bond another person over the age of 18 may post it for them. A bond acts as a cash security to ensure that a criminal defendant will appear at all future court dates. If the court dates are made, then the bond will be returned to the defendant at the end of the case.
Judges and magistrates set bond amounts, and there is a presumptive bond range that will help them determine which bond amount to set. If you are arrested, you can often get out of jail quickly by paying the amount assigned to you under your presumptive bond range. If you want to post bond but cannot afford the required amount, you may ask the judge to lower the bond amount at your first appearance in court.
Bond is not set to “punish” a person, and the Constitution states that bond cannot be excessive. Bond cannot be used to raise money for the government, and the set amount of bond should not be more than is reasonably necessary. Judges and magistrates are allowed to set bonds outside the presumptive range if there are concerns with public safety issues. This is more common with charges alleging violent crimes or repeat crimes against the same victim.
If you are getting bonded out of jail in Raleigh, North Carolina, there are certain conditions of your release you must follow. If you violate a condition a judge may revoke your bond and send you back to jail. Common conditions include obeying all laws and staying away from any complaining witnesses.
Bond can be paid in cash or check, or a suspect can be released on his or her “own recognizance”. In North Carolina, this is often referred to as a “promise to appear.” A defendant may be released without having to post a bond if they have no criminal history, the offense is not serious, and if the defendant has appeared in court in the past whenever scheduled. A defendant can be asked to be released on a promise to appear at their first appearance in court. If the judge denies the request, the defendant can request that bond be reduced.
Sometimes, people can’t afford to post the bond in order to secure their release before trial. In these situations, a bondsman will request that you pay them a percentage of the bond amount, and they will post the entire amount for you. If you’ve appeared at all your court dates, the bondsmen will get their money back, and keep your percentage. For example, if bond is set at $100,000 and the family can’t afford to pay the entire amount – a bondsman can front the entire amount in exchange for a 10% fee. At the end of the case, the Bondsman get’s the $100,000 returned to them and they keep your $10,000. This is how they make their money.
If your family member has been arrested and you need to bond him or her out of jail, your first step should be to contact a criminal defense attorney in the Raleigh, North Carolina area immediately in order to receive the best representation. For more information, please contact the Scharff Law Firm at (919) 457-1954 and learn more about what a criminal lawyer in Raleigh, NC can do to reduce the bond, and help secure the release of your love one.