Bail Bonds in Statesville North Carolina
In Iredell County, if someone gets arrested the person is detained in a local jail. Thereafter, the supposed offender is taken to Statesville Detention Center’s magistrate located in Statesville NC. Information about a suspect is taken down after the person is booked. A sheriff or police officer records this information after the suspect has been processed. Details taken down include name, address, appearance, and the alleged crime. A criminal background check is then made by the officer, with the fingerprints and mugshots of the suspect also taken. Personal property is seized and inventory is taken but will be returned with the release of the suspect. The officer also needs to check the suspect to see if the individual is intoxicated. He or she is usually has the right to make a phone call. Finally, the suspect is put into a jail cell. When people arrested require bail bonds in Statesville North Carolina they turn to us because we issue more bail bonds in Iredell County than anyone else, in fact we are a leading issuer of bail bonds in North Carolina period. Here is some important information for anyone who seeks bail in Iredell County.
Are Hearings Required To Get Bail Bonds In North Carolina?
It allows for a suspect to immediately post bail in North Carolina after being booked for a less serious crime. In certain cases however, a bail hearing is required. A judge will have to decide the eligibility of the suspect for bail bonds in North Carolina and what the cost should be. All of this usually takes place in less than 48 hours when you are applying for bail in Iredell County:
The crime’s severity determines the bail amount, however, eligibility for Bail Bonds in Statesville North Carolina are also fixed at the discretion of the magistrate or judge. It is also common for bail schedules to be available in some jurisdictions, where a standard bail amount is recommended.
Bail Bonds in Iredell County for example are usually set at these rates: $1,000,000 is the recommended bail schedule for kidnapping with intent to rape, manslaughter comes at $100,000, while $25,000 is the recommended bail schedule for sexual assault or rape.
There are so many things taken into consideration in order for the judge to arrival at a final amount for bail. They include things like the criminal record of the defendant, dangers the suspect poses to others, past court appearance history – whether the defendant showed up diligently, community ties, and any other concerns the defendant’s attorney raises. It is possible that bail is waived altogether in some cases. Most cases do require bail bonds in North Carolina however.
Financial Costs of Bail Bonds in Statesville North Carolina
Once bail is set for the defendant, the full amount can either be paid to the court – a refund will be issued as soon as the court resolves the case, or a bail bondsman is hired. The bail bondsman will usually charge anywhere from zero to 15% of the total bail i.e. $1000.00 bail would equal $150.00 at 15%.
The benefit to the defendant is they do not have to pay the full amount for bail bonds in North Carolina to get out of jail however they do not get the premium they paid to the Bail Bondsman back.
They will be under strict guidelines with the Bail Bondsman the most important one is making sure they show up to court.
If the defendant does not show up for court, a warrant is issued for their arrest. The court also sends the Bail Bondsman a forfeiture notice letting the Bondsman know that they have a certain amount of time to return the defendant to jail or pay the full amount of the bond to the court. All Bail Bonds in Statesville, North Carolina follow these guidelines.
Bail Bonds in Iredell County North Carolina
The process for bail bonds in Iredell County North Carolina is straightforward. After bail is set and a Bail Bondsman hired, the process to bail a defendant out of jail in Iredell County is the Bondsman must go to the jail lobby located in Statesville NC, walk up to the window and ask for the defendants release order paperwork. Once the bondsman has the defendants release order he or she must transfer some information from the release order to an Appearance Bond For Pretrial Release sheet. This is the very straightforward process for securing bail bonds in Iredell County.
Bail Bonds in Statesville North Carolina are issued by Professional Bondsmen and Surety Bondsmen.
Depending on whether or not the bondsman is a Surety Bondsman or a Professional Bondsman will determine how the back of the Appearance Bond for Pretrial Release sheet is filled out. First let me explain the difference between the two.
The difference between a professional bondsman and a surety bondsman is simply who is ultimately liable for paying the bond off in the event of a final judgment of forfeiture. A surety bondsman is backed by a surety (or insurance) agency that the bondsman is qualified to write bonds on behalf and the bond works more or less like an insurance policy. A Professional Bondsmen is collateralized by the bail bondsman’s own funds or property on deed with the jurisdiction that allows him or her to post bonds for its defendants. Property bondsmen are also often referred to as “Professional Bondsmen” while those writing on surety are often referred to as Surety bondsman.
All Bail Bonds in North Carolina have financial consequences
Regardless of what type of bond is written bail bonds in Iredell County have consequences, if a $10,000 bond goes into forfeiture then someone is going to be liable for the entire $10,000.
If a surety bond is forfeited, then the bondsman has a special fund (referred to as a BUF or Build Up Fund) to which he must deposit a small portion of every defendant’s premium payment that he can draw from in the event that he or she has to pay a forfeiture; if it is not enough and he or she cannot pay the money from his or her own funds, then the surety company will ultimately pay the difference of the forfeiture judgment and what is in the BUF, no longer allow the bondsman the ability to write bonds with their backing (referred to as a “power” i.e., if a bondsman has a $100,000 power authorized by the surety company on file with the county, then he has the ability to have $100,000 of outstanding bail pieces out at any one time backed by surety) and then will probably continue to go after the bondsman for the remaining balance.
If the bond was collateralized by professional bondsman and it goes into final bond forfeiture, then the bondsman has to come up with the cash to satisfy the entire judgment.
As defendant’s move through the court system and the bonds are exonerated the power or availability is replenished and the bondsman can write more bonds and collect more premiums (if a surety bond) or writing fees (service fees), in the case of property bonds. It’s a constant cycle akin to a pipeline; as soon as material moves through the pipe more can be put in.
For bail bonds in Iredell County, the surety bondsman attaches paperwork from the surety company while the profession bondsman attaches a seal from the state to the back of the Appearance Bond for Pretrial Release sheet.
The Appearance Bond for Pretrial Release sheet is then turned in to jail personnel and the defendant is processed for release.
Once the defendant’s case is over, he or she is no longer liable to the bondsman unless they financed the bond premium through the bail bondsman and still owe payments. However the bondsman cannot return the defendant to jail once the case is over with no matter what.
What Happens If You Are Arrested While On Bail In Iredell County?
If you are unfortunate enough to be arrested again while out of jail on bail, the court will act to ensure that you are not a threat to society. The minimum this will entail is further restrictions on your movement or hours that you can leave your residence to possibly completely revoking your bail in Iredell County and locking you up.
Further, your bail agent must be willing to extend your bail and provide a guarantee to the courts that you will abide by all bail conditions. If the reason you were arrested again is because you violated your original bail stipulations, then your bail will be revoked, and you must reapply for bail from scratch. You may find double jeopardy here because the court may not be willing to reconsider bail and your bail agency may also not want to take another chance on you. The one thin you can count on is that if bail is once again granted, it will be higher than it was previously and therefore more expensive.
Here is the typical process if you violate bail or are arrested for another crime while on bail in Iredell County:
- Your current bail is immediately cancelled by the bail bond agency and the court is informed.
- You are taken back to prison and processed for either the bail infraction or new criminal charge.
- You may re-apply for bail but will have to convince both the judge and the bail agency that you are bail worthy. Best case scenario it will be more expensive, worse case bail will be denied and you will be in lock up.
- If the bail is cancelled by the bail agency they re no longer responsible for your actions.
- If the bail was cancelled by the courts then the full bail amount is forfeited to the courts and you may have a bail bondsman acting as a bounty hunter (In North Carolina persons pursuing bail bond jumpers must be licensed bail bondsmen) on your trail.
Nothing good can come from violating bail bonds in North Carolina or being arrested for another crime. If there are outstanding charges that you may be re-arrested for, I strongly recommend you discuss these charges with your bail bond agent at the very beginning so that you may surrender for all charges and receive a reasonable bail that won’t be revoked which results in sending you back to lock up when the police come knocking for the other charges.
For more details and information on bail bonds in North Carolina read Bail Bond FAQ