State Court Bond Hearings – Release from State Custody
Raleigh State Court Bond Hearings
Release From State Custody
North Carolina law requires the court is set release conditions when someone is arrested for a criminal offense. The court may require one or more of the following release conditions:
Written Promise to Appear
Allows the defendant to be released upon signing a promise to appear in court.
Allows the defendant to be released upon signing a promise to appear in court and agreeing to pay a set monetary penalty if he fails to attend court.
Allows the defendant to be released upon either (1) hiring a bondsman who will post a security deposit to cover the bond amount or (2) payment of the full bond amount in cash to the jail. Full payment will be refunded but the fee paid to a bondsman is non-refundable.
Allows the defendant to be released upon payment of the full bond amount in cash to the jail. Full payment will be refunded if the defendant does not miss court and after the case is resolved.
Custody of another person
Allows the defendant to be released when a parent, guardian or sober adult comes to take custody of the defendant.
Allows the defendant to be released upon paying the House Arrest agency to set up home a monitoring system.
Pre-trial Release Program
Allows the defendant to be released as long as the defendant calls the program each week to check in and does not move without advanced permission.
No Contact Order
Requires the defendant to not contact and stay away from someone (usually the alleged victim or a witness) or stay away from a place like the alleged crime scene.
Shortly after being arrested, the jail will take a defendant before a magistrate judge who will review the defendant’s criminal history and history of attending or missing court. The magistrate judge will also speak to the arresting officer, review other documentation and set some combination of the release conditions listed above.
On the next court day following your arrest, you will have a first appearance by video camera before a district court judge. This hearing is a great opportunity to have the judge reduce your bond. You need to have an attorney appear at this hearing to speak for you and convince the judge to reduce your bond. Without an attorney, your chance of a bond reduction is slight.
If you are charged with a felony and bond out before your first appearance, you must attend court at 9 a.m. in room 301 on the first court date following your release. If you miss 9 a.m. court, you should attend court at 2 p.m. in room 304. Even though your name does not appear on the printed calendar, you must attend the hearing.
If you are charged with a domestic violence offense, the magistrate judge cannot set your release conditions and you will be held without bond until your first appearance.
If the magistrate’s bond is high, a good strategy is to have an attorney appear at the first appearance to negotiate a bond reduction. The money you save by posting a lower bond after the first appearance may more than cover the attorney fee.
Please contact Andrew McCoppin for a free consultation by calling 919-481-0011 or filling out this convenient online contact form. Don’t take chances with your future – obtain the services of McCoppin & Associates, Attorneys at Law, P.A., today.