Secured & Unsecured Bail in North Carolina: How It Works

In North Carolina, the judicial system offers two types of bail: secured and unsecured. Bail is a crucial mechanism to secure the release of individuals awaiting trial. Understanding the difference between secured and unsecured bail is critical for navigating this legal process. In this blog, we will delve into these concepts and analyze the role of Raleigh bail bonds in facilitating secured bail. Let’s break down how the system works!

Bail-Setting in North Carolina: An Overview

When a person is arrested for a bailable offense, they are entitled to a bail hearing to decide the conditions for release. The alleged offender is brought before a Judge within forty-eight hours of the arrest. The Judge assesses the case details to determine whether the person is eligible for bail. At this hearing, the Judge determines if the defendant should get secured or unsecured bail. In all cases barring release on “Own Recognizance”, the Judge sets an amount to guarantee the release. After the amount is set, the defendant can post bail to facilitate their freedom.

What is Unsecured Bail?

When a defendant gets unsecured bail, they do not have to pay any upfront sum to the Court. For example, if the Judge decides the defendant can be released on a $1000 unsecured bond, the alleged offender can get out of jail by signing a document to guarantee the amount. They provide a written assurance stating they will show up for all their Court dates. At this stage, the person need not pay $1000 to the Court authorities. However, if they skip bail and miss hearings, they are obligated to pay $1000 for failing to comply.

In some cases, the Judge may allow a defendant to get released on Personal Recognizance. This is a form of unsecured bond without any obligation to pay a specific amount. The defendant offers a written guarantee to appear for Court hearings but does not promise to pay a certain amount if they default on the promise.

What is Secured Bail?

Secured bail refers to getting released from jail by paying a monetary deposit to guarantee the defendant’s adherence to bail terms. For example, if the Judge rules that the defendant can get out of jail on a $1000 secured bond, the alleged offender must pay this amount to facilitate their release.

How to Pay for Secured Bail?

Courts accept upfront cash or property collateral to cover the bail sum. However, many defendants and their families cannot afford such large amounts. Hence, they often rely on bail bond agents to help them make bail. In this scenario, the defendant can hire a bail bondsman in Raleigh, NC for posting a surety bond. Usually, the bail bond agent charges a small percentage of the bail sum to facilitate this process and get the person out of jail. Usually, the bail bond agent charges a small percentage of the bail sum to facilitate this process and get the person out of jail.

Bail bonds offer multiple benefits for defendants as well as Court authorities. Defendants and their families can save liquid cash and streamline the bail procedures with the help of bail bond agents. The legal system also benefits because the bail bond system usually ensures greater adherence to bail terms. Defendants who get released via bail bonds are 28% less likely to miss Court appearances than defendants who get out on Personal Recognizance. Hence, bail bonds for secured bail often have a positive impact on the justice system.

If you want help with bail bonds in Raleigh, NC, you can contact the Amistad team to learn more about your options!