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

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 regulating the bail bond industry limits the premium agents can charge to no more than 15 percent of the amount of the bail. It is illegal to charge more, but companies can charge less and many do just that. Your best bet for a lower rate comes with higher bail amounts or if you are judged to be a very low risk to skip bail. If you are arrested in Raleigh, here are 4 things you should know about posting bail.

Bail process in Raleigh

Whether you’ve been arrested by the Wake County Sheriff’s Office, the Raleigh Police Department or another agency, there’s a good chance you’ll end up at the Wake County Detention Center. As soon as the booking process is completed, you will be allowed to call for assistance to be released from jail, if it’s necessary. At that point, you can contact a friend or family member or call a bail bond company directly. Wake County has a schedule that court officials use to quickly set bonds, speeding up the process of getting released from jail. However, when the crime is more serious, a bond hearing usually is required, which will delay the process of posting bail.

Types of jail release in Raleigh.

  •      Written promise to appear. What is referred to as a personal recognizance release in many states is known as a written promise to appear in North Carolina. No bail is paid or even set. The defendant signs an agreement promising to show up for all court hearings. This release option is reserved for less serious crimes and defendants with virtually no criminal history.

  •   Unsecured bond. This option is similar to a written promise to appear – the defendant does not have to pay any money to be released from jail. However, bail is set and that money must be paid if the defendant violates any bail conditions.

  •      Secured bond. The decision of whether a secured bond – opposed to a written promise to appear or an unsecured bond – is necessary, is made by a magistrate. If the defendant does not have the cash to pay, a bail bond agent can be hired. The agent will post the entire amount of the bail and take no more than 15 percent of that amount from the defendant. That money is not refundable. A friend or relative – known as a co-signer – can pay some or all of the premium payment to a bail bond agent.

  •     Cash only bond. When the court chooses this option, the goal is often to provide a greater incentive for the defendant to show up for all court hearings. Cash bonds paid to the court are returned, minus court fees, as long as all bail conditions have been followed.


Requirements for co-signers

While some specific requirements vary from company to company, co-signers generally must be at least 21 years old and many companies require co-signers to be at least 25. In addition, a co-signer must have least one year at the same job. Collateral is commonly required to cover the amount of the bail beyond the premium paid to the agent, which is often 15 percent.

Bond costs and options

Coming up with the money to post bail often requires the help of a friend or relative – known as a co-signer. A defendant can decide to post the entire amount of bail in cash; however, that is money that won’t be available to hire an attorney or for other needs related to the case. The benefit of cash bail is that the premium required by a bail bond agent – set at no more than 15 percent in North Carolina – is saved.

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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