What is Bail?
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Bail Benefits
Frequently Asked Questions
History of Bail
BAIL BENEFITS
Utilizing a bondsman provides enormous savings to you. When you post a bond, you pay only a small premium as opposed to the entire amount of bail set by the judge. In North Carolina , that premium amount cannot exceed fifteen (15%) of the bond. Utilizing a licensed bondsman affords you greater control of the system and gives you the expertise of a bail agent to speed the release, thereby saving you time and energy. It further protects your assets if the defendant fails to comply with the terms and conditions of release or fails to appear, since the bondsman will pursue the defendant. >>Back to Top FREQUENTLY ASKED QUESTIONS WHAT IS A BONDSMAN?
He or she is a private businessperson, who is licensed by the N.C. Department of Insurance for the purpose of posting bail for individuals in jail.
WHAT IS A BAIL BOND?
A Bail Bond is the legal instrument or contract which releases an individual from custody. The Bail Bond also ties contractually, the state, the bail bondsman and the defendant together. HOW DOES A BONDSMAN GET PAID?
The bail bondsman is paid a regulated fee not to exceed 15% maximum by the individual or someone on his behalf.
DO I GET THE PREMIUM (BOND FEE) BACK?
The only money returned is collateral when required by the bondsman in certain cases. HOW WILL I KNOW WHEN THE CASE IS OVER AND MY LIABILITY ENDS?
Your liability ends when a final disposition is entered by the state and no appeal is pending. WHAT IS COLLATERAL?
Collateral may be required when someone has few ties if any to the area which he is required to appear in court, or has a past record of missing court. WHEN IS THE COLLATERAL RETURNED?
After we have received written notification from the court that the case is over and the bond is no longer in effect. CAN BAIL BOND COMPANIES USE MY COLLATERAL?
No, The collateral has to be in safekeeping or in a trust account. AM I LIABLE IF I SIGNED FOR AN INDIVIDUAL AND THE PERSON CANNOT BE LOCATED?
You have signed a binding contract and are financially responsible for the amount of the bond. If the person out on bond forfeits the bond by not showing up for court and they cannot be found within the five months, then the full face value of the bond is your financial responsibility and is due on demand.
WHAT DOES THE BAIL BONDSMAN DO?
A The bail bondsman is the only part of the criminal justice system involved from the point of arrest until the case is disposed of regardless of the length of time it takes. The bail bondsman not only gets a person out of jail, but must keep up with each and every court date both in district and superior courts. The bail bondsman must make sure his client appears for each court date. The bail bondsman makes sure the client appears for each court date. The bail bondsman is required to know the whereabouts of the client a all times. If a court date is missed, the bail bondsman must locate the client. The bail bondsmen will help the client obtain a new court date when an honest mistake is made. The bail bondsman will travel to all fifty states in order to return a client back to the court system. North Carolina bail bondsmen have a return rate of 97.8 percent. IS A BONDSMAN A BOUNTY HUNTER?
No, the State of North Carolina does not recognize bounty hunters. All North Carolina bail bondsmen licensed in this state must arrest their own clients. North Carolina bail bondsmen are allowed to use Bounty Hunters in other states.
WHAT IS THE HISTORY OF BAIL?
Bail law originated from British common law. The American Constitution guarantees, in the Eighth Amendment, that excessive bail shall not be required. This statement of law comes directly from English statutes. The Supreme Court ruling cited in Taylor vs. Taintor, 16 Wall, 366, defined the bondsman's authority to arrest their principal. It reads, "When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuation of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge, and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; and, if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the rearrest by the Sheriff of an escaping prisoner." Until the 1960s, each sheriff oversaw the governance of bail on a county-by-county basis. The North Carolina Department of Insurance now regulates the licensure of bail in the State of North Carolina in all 100 counties.
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