Stuck in Jail

  • Attorneys
  • Bail Bonds
Home > How to Post Bail in North Carolina: 5 Things to Know

How to Post Bail in North Carolina: 5 Things to Know

In North Carolina, there is a presumption in favor of a pre-trial release for most defendants, except when serious prior criminal convictions are involved, the crime was to further gang activity or part of a drug-trafficking operation or the defendant escaped from a mental health facility. Even in those cases, the defendant is allowed a hearing to try to convince the court that a release is in the best interest of the community. In general, pre-trial releases are mandated in North Carolina as long as “there is a reasonable assurance that the person will appear and release does not pose an unreasonable risk of harm to the community.” If you are arrested in North Carolina, here are 5 things you need to know to post bail.

  1. 4 Ways to Get Out of Jail


Promise to appear – The defendant may be released on his or her own recognizance – by signing documents agreeing to return for all court hearings – if he or she hasn’t been convicted before, the offense is not serious and there is no history of missing any court appearances. The defendant, usually with the help of a criminal defense attorney, can request a promise to appear from the court.

Cash bond – A cash bond must cover the entire amount of bail set in the case. Because of that, it is most commonly used for misdemeanor offenses, when the bail is often $2,500 or lower. A co-signer can also be used. If the defendant shows up for all court hearings, the cash bond is returned, minus only some fees and court costs.

Surety bond – For more serious crimes, few defendants are able to afford to pay the entire amount of bail in cash. A surety bond is a contractual relationship with a bail bond company. The company guarantees the entire amount of the bail but only charges a 15 percent premium – as determined by the North Carolina Department of Insurance. That premium is nonrefundable. The bail bond agent often will require collateral and more than one co-signer can be used.

Property bond  - This involves turning over the mortgage to a home or real estate that must be located in the state, although it does not have to be in the specific county where the court is located. A significant amount of paperwork is required – including a statement from the lender showing the balance owed on the property and a document from the county tax office showing the tax value of the property. The equity in the property must be at least equal to the amount of bail in the case to be accepted.

  1. How to Get Bail


All defendants will be given the opportunity to make a phone call after the booking process into jail has been completed. At this point, the defendant can post a cash bail – if he or she has enough money – or contact a family member or friend to help with the bail process. The defendant can also decide to contact a bail bond company directly from jail for a surety bond or property bond.

  1. What Will Bail Cost


North Carolina law requires that all bail bond companies charge a 15 percent premium for their services. Some companies will offer payment plans for higher bail amounts. In addition to the 15 percent premium, the only other costs for bail are relatively minor state charges and court fees.

  1. How Long Will I Stay in Jail


That depends on a couple of factors. If the amount of bail must be set by a judge or bail commissioner that can sometimes involve a delay. The state has a bail schedule for most misdemeanor crimes, but more serious crimes usually require a bond hearing.  For a misdemeanor with a preset bail amount, a defendant may only spend 2 to 5 hours in jail. However, a defendant arrested at night or on the weekend may have to wait until the next morning to post bail. Defendants can request that a bail commissioner be summoned to set bail. The cost for this service is $40.

  1. What if I Miss a Court Appearance


The court will immediately issue a bench warrant for the defendant, who now faces a second offense in addition to the crime that put him or her in jail in the first place. At the same time, the court will require the entire bail amount from a bail bond agent. The agent will then pursue collection of the full bail amount from the defendant and any co-signer. The bail bond company likely will send out an employee to try to bring the defendant back to court save some or all of the bail forfeiture charge.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in North Carolina: 5 Things to Know

In North Carolina, there is a presumption in favor of a pre-trial release for most defendants, except when serious prior criminal convictions are involved, the crime was to further gang activity or...more

Posting Bail in Charlotte, N.C.: 4 Things to Know

While North Carolina has a thriving private bail bond industry, the state’s Department of Insurance does not issue licenses to bounty hunters. Instead, the state issues licenses for bail bond runne...more

Posting Bail in Raleigh, N.C.: 4 Things to Know

North Carolina is one of the states where the law on bail bonds makes it worthwhile to shop around for a bail bond agent, particularly if money is a significant issue. That’s because the state law...more

Stuck in Jail?

Search Jails for nearby Bail Bondsmen NOW!

  • Copyright ©2023 Thryv, Inc. All rights reserved. · Terms of Use · Privacy Policy · Sitemap