Making Bail in Raleigh: Costs by Charge Type | Wake County NC
Making Bail in Raleigh: How Costs Change by Charge Type
When you get that phone call from the Wake County Detention Center, everything speeds up at once—your heart, your thoughts, and the questions you need answered right now. One of the first questions most families in Raleigh ask is simple: “How much is this going to cost to get them out?”
Here’s the part that trips people up: the “bail amount” set by the court is not the same thing as the “bail bond cost” you pay a bondsman. In Wake County, the charge type matters, but it’s only one piece of the puzzle. Judges and magistrates also look at safety, flight risk, criminal history, and whether the person has missed court before.
This guide breaks down what bail means in Raleigh, how bail is set under North Carolina law, and how to estimate the real out-of-pocket cost—without guessing, and without relying on “average bail” numbers that may not apply to your situation.
Bail in Wake County, explained in plain language
Bail (also called “bond”) is a promise tied to money or security. The court allows someone to leave jail while their case is pending, and the bail amount is the financial “backstop” meant to help ensure they return to court.
North Carolina law recognizes several ways a bail bond can be structured, including:
Unsecured (a written promise to pay if the person doesn’t show)
Premium-secured (the kind used with a bail bondsman)
Secured by cash (a full cash deposit)
Secured by a mortgage (property)
Secured by at least one surety (a bondsman or other solvent surety)
Just as important: the North Carolina Constitution says excessive bail can’t be required.
That doesn’t mean bail is always “affordable,” but it does mean bail is supposed to be set with reason—not as punishment.
Who sets bail in Raleigh, and what do they consider?
In Wake County, bail conditions are typically set early by a judicial official (often a magistrate), and in certain serious situations by a judge. The law requires the official to pick at least one of five options:
Written promise to appear
Unsecured bond
Custody release (released to a person/organization supervising)
Secured bond (cash, mortgage, or surety)
House arrest with electronic monitoring (and a secured bond)
The system is designed to start with the least restrictive options (promise to appear, unsecured bond, or custody release) unless the official decides those won’t reasonably assure court appearance, won’t protect people, or could lead to witness intimidation or evidence issues.
When deciding which condition to use—and whether the bond needs to be secured—the law lists factors such as:
The nature and circumstances of the offense
The weight of the evidence
Family ties, employment, financial resources, character, and mental condition
Length of residence in the community
Prior convictions
Prior failures to appear / history of flight
So yes, charge type matters. But it’s charge type plus risk factors.
The two numbers you need to know: bail amount vs. bail bond cost
1) The bail amount (set by the court)
This is the full number listed on the release order. If it’s a secured bond, the court is requiring real security: cash, property, or a surety.
2) The bail bond cost (paid to a bondsman)
If you use a licensed North Carolina bail bondsman, you typically pay a premium to the bondsman.
In North Carolina, the premium on a bail bond cannot exceed 15% of the face amount of the bond.
That “15% cap” is the most reliable cost estimate you can use—because it’s tied to the bond amount and set by statute.
In Raleigh, a lot of people say “bail” when they mean “bond.” Taking a minute to understand the difference between bail and bond can save you time, money, and stress when you’re trying to get someone released.
Quick cost estimator for Raleigh families (based on the 15% cap)
Below are examples showing how the premium works when a secured bond is set. (These are not “average bonds,” just easy math so you can plan.)
Bond $1,000→ premium up to $150
Bond $2,500→ premium up to $375
Bond $5,000→ premium up to $750
Bond $10,000→ premium up to $1,500
Bond $25,000→ premium up to $3,750
Bond $50,000→ premium up to $7,500
A few details families should understand up front:
Premium is generally non-refundable.
If the bond gets reduced later after you already entered the agreement, the surety is not required to return any portion of the premium just because the bond amount went down.
A bondsman may accept collateral, but it must be reasonable, and the law requires collateral to be returned within 15 days after final termination of liability on the bond.
Collateral in Wake County: what it is and what the law requires
Collateral is property or an asset you offer to help secure the bond agreement—often used when the bond amount is high or the case is complex. In plain terms, bail bond collateral is the safety net a bondsman may require so they’re not left holding the bag if the defendant disappears.
A few legal protections in North Carolina are worth knowing:
If collateral is taken, it must be reasonable in relation to the bond amount and must be returned within15 days after the bond liability ends.
If a bondsman receives collateral in the form of cash or a negotiable instrument, they must deposit it within two banking days into a separate non interest-bearing trust account, and the funds cannot be commingled with operating funds.
Why some charges in Raleigh lead to “no bond” at first
Some serious charges require a higher level of review. North Carolina law lists offenses where a judge decides, in their discretion, whether the person may be released before trial. That list includes (among others) first- or second-degree murder, certain serious sex offenses, kidnapping, robbery with a dangerous weapon, first-degree burglary, and first-degree arson.
So in Wake County you may hear:
“They’re being held for a judge,” or
“No bond has been set yet.”
How costs change by charge type in Wake County
Because Wake County bond amounts are set case-by-case under the statutory factors, there isn’t a single reliable “average bail by crime type” that applies to everyone. The better way to think about it is:
Charge type influences the risk assessment. Risk assessment influences whether release is unsecured or secured—and if secured, how high the secured amount is.
Below are common charge categories and what typically pushes the cost up or down in Raleigh-area cases.
Low-level misdemeanors (minor non-violent charges)
For many non-violent misdemeanors, the court may use:
A written promise to appear, or
An unsecured bond, or
A small secured bond.
Cost impact:
If release is on a written promise or unsecured bond, families may pay $0 to the court to secure release (though other conditions may apply).
If a secured bond is set, the bail bond cost is still calculated the same way: up to 15% of the bond amount.
DWI / impaired driving arrests in Raleigh
Impaired driving cases can vary widely depending on facts like prior convictions, whether there was a crash or injury, and whether there are additional charges involved.
Cost impact:
Costs rise when the secured bond rises. There’s no special “DWI math”—the premium is tied to the bond face amount (up to 15%).
Domestic violence-related charges and protective order violations
These cases often come with extra conditions beyond the money number, such as no-contact orders and restrictions on where the person can go.
Cost impact:
When the court believes safety is an issue, it may move away from unsecured release and toward a secured bond, or impose stricter conditions.
Drug possession vs. drug trafficking
Two cases can both involve “drugs” and still have very different bond expectations. For example, North Carolina law creates a rebuttable presumption against release in certain trafficking scenarios, especially when trafficking is alleged and other statutory factors are met.
Cost impact:
When a case is treated as higher risk, it often means a higher secured bond or a judge-only decision on release, which changes the real cost fast.
Property crimes (larceny, breaking and entering, fraud)
These cases often turn on whether the person has prior similar convictions, whether the allegations show repeated behavior, and whether there is concern about continued offenses while out.
Cost impact:
The premium formula still doesn’t change: up to 15% of whatever secured bond is set.
Violent felonies and weapons-related charges
When the allegation involves serious injury, a weapon, or conduct the court views as an immediate safety risk, it’s more common to see the court move toward a secured bond (or stricter conditions), because the law allows the judicial official to require a secured bond when less restrictive conditions won’t reasonably assure appearance or public safety.
In addition, North Carolina law includes special rules and presumptions in certain high-risk situations (including some firearm and trafficking scenarios), which can mean a judge is the only person who can authorize release after making specific findings.
Cost impact:
The “math” still stays the same (bond × up to 15%), but these are the categories where the bond amount itself is more likely to be high—so families feel the cost immediately.
The “missed court before” penalty that families don’t expect
One of the fastest ways bond can jump—sometimes even on a relatively small charge—is a history of failing to appear.
North Carolina law says that when conditions of pretrial release are set for someone who has failed to appear before, the judicial official must at minimum impose conditions recommended in the most recent order for arrest. If no conditions were recommended, the official must require a secured bond at least double the most recent bond (or at least $1,000 if no bond was previously required).
That’s one reason two people with the “same charge” can have two very different bond outcomes in Wake County.
Paying the court directly vs. using a bondsman in Wake County
Families generally have three broad options when a secured bond is set:
Option A: Pay the full cash deposit to the court
If you have the full amount available, you may be able to post the full cash deposit required by the secured bond.
A big tip: who gets the money back can depend on how the appearance bond paperwork is completed. Guidance from the UNC School of Government explains that forms (including AOC-CR-201) help determine whether cash is treated as the defendant’s or a third party’s—and that affects who is entitled to a refund when the case ends.
Option B: Use property (if allowed and approved)
In North Carolina, a secured bond can be satisfied by a mortgage in some situations.
Property bonds can take longer than families expect, so timing matters.
Option C: Use a licensed bail bondsman (surety bond)
This is common when the secured amount is more than a family can pay in cash. You pay the premium (up to 15%), and the bondsman posts the surety bond.
When premium can (and cannot) be returned in North Carolina
If the surety surrenders the defendant before there has been a breach of the bond, the law says “the full premium shall be returned within 72 hours after the surrender.”
But the law also lists situations where the defendant may be surrendered without the return of premium—like willfully failing to pay, changing address without notifying the surety, hiding, leaving the state without permission, violating a court order, or providing false information.
A step-by-step plan for Raleigh families after an arrest
Get identifying info (full legal name, date of birth, booking number if available)
Confirm charges (some serious charges require judge review for release)
Confirm the bond type (written promise, unsecured, or secured)
Estimate premium if using a bondsman (bond × 0.15 for the maximum)
Calendar court dates immediately (missing court can trigger higher bonds later)
Wake County help, from a Raleigh team that does this every day
Amistad Bail Bonds is based here in Raleigh and serves Wake County 24/7. If your loved one has been arrested and you need help understanding the bond amount, the bond type, and what it will realistically cost to secure release, our team can walk you through it step-by-step.
If you’re searching for Raleigh bail bonds or Wake County bail bonds, call us as soon as you can at (919) 790-6887. The faster you have the right information, the faster you can make the best decision for your family.
FAQs
How much does a bail bond cost in Raleigh, NC?
In North Carolina, the premium a bail bondsman can charge is capped at 15% of the face amount of the bond.
Can someone be released in Wake County without paying money?
Yes. North Carolina law allows release on a written promise to appear or an unsecured bond in appropriate cases.
Who sets bond in Wake County—magistrate or judge?
Often a magistrate sets conditions early, but state law requires a judge to decide release for certain serious charges.
If I pay a cash bond for someone, will I automatically get the money back?
Not always. Who is entitled to the refund can depend on how the appearance bond paperwork is completed.
Is the bail bond premium refundable if the bond is reduced later?
North Carolina law says a surety is not required to return premium just because a bond is reduced after an agreement is made.
When does collateral have to be returned in North Carolina?
State law requires collateral to be returned within 15 days after final termination of liability on the bond.
Can premium ever be returned if a bondsman surrenders the defendant?
Yes—if surrender happens before breach, the law says the full premium shall be returned within 72 hours, but there are listed exceptions.
