Bail Bonds

Bail Bonds

The Eighth Amendment of the United States Constitution provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." In North Carolina, when an individual is charged with a crime (misdemeanor or felony), that person can be required to post a bail bond in order to be released from police custody (see NCGS §15A‑533). Bail Bondsmen are regulated by the North Carolina Department of Insurance under NCGS §58‑71.  The purpose of a bond is to ensure that the individual who has been charged with a crime will return on their particular court date(s), and if they do not return for their court date(s), the bond may be forfeited.

After the final resolution of the case, assuming that there has been no violation of the terms of the bail bond provisions, the bond collateral shall be returned or released. Bonds can take different forms including secured bonds, unsecured bonds, cash bonds, and others (see NCGS §15A‑534). In some instances, individuals can pledge property or other assets to guarantee the bond, but frequently cash is collateral used to secure a bail bond.

If an individual is unable to raise sufficient collateral to post or pledge for the bond, often a Bail Bondsman is used to post the bond. A Bail Bondsman generally charges a non-refundable percentage to post the bond for the individual who has been charged and is in police custody. While there is no set rate, in North Carolina, one can expect to pay approximately fifteen (15%) of the total amount of bond. As an example, someone who is required to post a $10,000 bond might pay a Bail Bondsman $1,500, and in turn, the Bail Bondsman would post the $10,000 bond with the Court.

While Bail Bondsmen often offer incarcerated individuals and their families an invaluable service, it may be beneficial for an individual who is seeking release from custody to first contact an attorney before paying a Bail Bondsman. While it depends on the exact situation, an attorney may be able to have the amount or the type of bond amended to terms more favorable to the incarcerated individual.

Everett Law Firm, P.A. is conveniently located in Chapel Hill and serves Raleigh, Durham and the surrounding areas. Our attorneys have extensive experience in handling criminal cases ranging from misdemeanors to felonies and we will assess and address the bond status of the accused as part of our representation. For a free initial consultation, please call us today.