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

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 runners. These individuals help the bondsman in court when necessary and also with the apprehension and surrender of a defendant to court.

Bail process in Charlotte

A defendant arrested for a misdemeanor or felony in Charlotte is brought to the Mecklenberg County Jail, or some other facility, and processed. That includes giving a psychological and medical history, fingerprints and photos. At that point, the defendant has an inmate number and will be allowed to call a family, friend or bail bondsman. Bond is often set quickly, with the help of a schedule, but more serious crimes require a bond hearing. Once the bond has been determined – and for some serious crimes bond may not be available – a defendant can post bond himself or bring in the help of a co-signer.

Types of jail release in Charlotte.

  •     Written promise to appear. Similar to a personal recognizance, the written promise to appear is used primarily for first-time defendants with crimes that did not involve violence, drugs or children. Having a criminal lawyer to try to persuade a magistrate that this release is in the best interest of the court can be extremely helpful.

  •    Unsecured bond. A bond magistrate can decide to release a defendant from jail without requiring that any bond be paid. In most cases, a cash bond is still determined, but that amount only comes into play if the defendant does not show up for all required court hearings. At that point, the bond that was set but not collected becomes due and a new, higher bond is set – if the defendant is allowed a second chance.

  •      Secured bond. Based on the defendant’s criminal history, and the details of the crime allegedly committed, a bond magistrate can decide bond is necessary to ensure appearance at all court hearings. The defendant can post the bond in cash or by hiring a bail bondsman for a surety bond. If that’s the case, North Carolina allow caps the bond premium at 15 bonds of the bond. However, bond companies can charge less than a 15 percent premium.

  •     Cash only bond. This may be ordered as an additional incentive to ensure a defendant returns for all court hearings. Cash bonds paid to the court are returned, minus court fees, as long as all conditions of bail are followed.


Requirements for co-signers

While these can vary slightly depending on the bail bond company involved, most will require that a co-signer live in Charlotte or nearby. The company will confirm that the co-signer can afford to post bond and, when that is determined, a contract must be signed requiring the co-signer to pay the entire bond amount in the event the defendant does not show up for all court hearings. The co-signer is expected to know the whereabouts of the defendant at all times.

Bond costs and options

The cost is minimal for a defendant who posts a cash bond and shows up for all court hearings. The bond is returned – to the defendant or a co-signer - minus only some local and state fees. The cost of hiring a bail bond company will depend on the company chosen. State law caps the premium paid for a bail bondsman at 15 percent, but companies are allowed to charge less than that amount. In addition, many bail bonds companies offer payment plans for more expensive bonds.

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.

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