Bail laws are changing quickly across the United States, and North Carolina is no exception. North Carolina bail rules have changed in recent years in several significant ways, and even in the state itself, guidelines and laws vary depending on jurisdiction.
Bail itself is a fairly straightforward concept. After being arrested and detained, a bail hearing will be held where the defendant can present their case for temporary release while awaiting trial and, if able, post bail. Bail is a monetary agreement made between a person and the court where an amount of cash or collateral is paid to secure release from jail while awaiting trial.
If the defendant does not appear in court or otherwise fails to adhere to the conditions of release, the total bail amount is forfeited. This works as an incentive, guaranteeing that the defendant returns to court for trial. Who qualifies for bail, who sets the total bail amount, and whether certain minor crimes require bail are part of recent changes to North Carolina bail rules.
Recent Changes to Bail in North Carolina
A number of jurisdictions across North Carolina have implemented bail reform in recent years. Some of the state’s counties have even passed legislation that would prohibit judges from imposing cash bail on a person charged with one or more Class 3 misdemeanors.
In North Carolina, class 3 misdemeanors are the least serious form of misdemeanors, punishable by up to 20 days in jail and a small $200 fine. Some examples of these crimes include driving with a suspended license or possession of a small amount of marijuana.
In these jurisdictions, all that is required during the initial court proceedings is a written promise to return to court on the date of the trial. This written promise begins the same release process as if the defendant had paid the total bail amount.
Recently, in 2023, North Carolina legislators signed a new bill into law that allows judges discretion to determine if a person charged with certain serious, violent crimes may be released from jail before their trial. Those charges include first-degree murder, second-degree murder, kidnapping, rape, first-degree forcible sexual offense, and assault with a deadly weapon. This bill also gives the judge considerable input into determining and setting the total bail amount for these and other serious crimes.
Prior to this new law, total bail amounts were determined based on whether the defendant was viewed as a flight risk or a danger to society, not on the specifics of the alleged crime or the defendant’s criminal history. These and other continued changes to North Carolina bail rules have complicated the process, and it’s recommended that individuals research the specific laws for their jurisdiction.
Paying Bail Bonds in North Carolina
Paying the full amount of bail is not an option for everyone, especially for serious crimes where a judge can easily set a bail bond amount that exceeds the defendant’s financial means. If you find yourself in this difficult financial situation, you may consider seeking the assistance of a local, reputable bail bondsman.
A bail bondsman, or bail agent, specializes in providing bail bond services, acting as sureties to secure the defendant’s release from jail. For this service, a bonding company charges a non-refundable fee, typically around 10% of the total bail amount. Once that non-refundable fee has been paid to the bail bond agent, they will work to get you released from jail as quickly as possible.
If you have been granted a total bail amount by a judge and want to utilize the services of a bail bondsman or simply want to find out how much you’ll be paying, use our bail bond fee calculator to determine the non-refundable amount you’ll need to pay. Many bail bond agents offer flexible payment plans to accommodate the financial situations of defendants and their loved ones.
Search our database of high-quality, reputable bail bond professionals and find a North Carolina-based bail bondsman ready to help you secure release from jail today.