If someone you love has just been arrested in North Carolina, we understand how frightening and overwhelming this moment feels. The phone call comes unexpectedly. You’re trying to process what happened while simultaneously being told you need to come up with a significant amount of money right away. In that kind of pressure, it’s easy to make financial decisions that cost your family far more than they should.
Understanding how North Carolina’s bond system works, and knowing your real options, could save your family thousands of dollars. If you have questions, reaching out to a criminal defense lawyer as early as possible is one of the most important steps you can take.
What Can Happen if You Don’t Know Your Rights
At Greenwood Law, our lawyers see people taken advantage of far too often. Recently, a foreign national visiting family in North Carolina was arrested for a first-time DWI in a rural county. No prior record. No history of any kind of legal trouble. A standard misdemeanor charge. The magistrate sets an $11,000 secured bond.
Before the family could fully understand what was happening, a bail bondsman had already convinced them they were required to place the full $11,000 in a cash escrow account, from which the bondsman would take a 15% fee at the end of the case. The family, unfamiliar with how the North Carolina court system works, trusted what they were told. They ultimately paid roughly $1,650 in fees they never needed to pay. The bail bondsman totally took advantage of this family and, unfortunately, this is common.
What is a Secured Bond in North Carolina?
North Carolina law provides several types of pretrial release. The most common one families encounter is the secured bond. A secured bond requires actual financial backing before a defendant can be released from custody. That backing can take one of three forms:
- Cash deposit of the full bond amount
- Real property used as collateral
- Surety bond through a licensed bail bondsman
Most people only hear about option three. The bondsman shows up, or a family member calls one, and suddenly the conversation is only about the bondsman’s services and the bondsman’s fee. Options one and two rarely come up in that conversation. That’s not by accident.
The Critical Difference: Cash Bond vs. Bondsman
If your family has the full bond amount available in cash, you can pay it directly to the court. No bondsman is required and there is no fee. When the case concludes and the defendant has made all required court appearances, that money comes back to you, minus any applicable court costs or fees. The full amount, essentially, is returned.
Compare that to the bondsman route. Under North Carolina law, a licensed bail bondsman may charge a non-refundable premium of up to 15% of the total bond amount. It is a service fee for posting the bond, and North Carolina law treats it as earned at the time of posting. When a bondsman tells a family they “have to” put up cash that the bondsman will then hold and take a percentage from, that’s not how the system is supposed to work.
If your family has the resources to pay the court directly, doing so means you keep that money. Using a bondsman when you don’t need one means you will lose that fee.
When to Use a Bondsman
Many families simply cannot produce the full bond amount in cash. When that’s the case, a licensed bondsman allows a defendant to be released by paying only a premium (like an insurance premium) rather than the entire bond amount. This allows the person to be home with their family while their case works through the court system.
Bond Decisions Can Be Changed
North Carolina law is designed to promote the least restrictive form of pretrial release that will reasonably assure a defendant’s appearance in court. However, some judges set bond levels based on their personal biases. A bond that feels like punishment rather than practical may be a bond worth challenging.
A defendant or their attorney can request a bond modification hearing before a district court judge. That judge has the authority to lower the bond amount, change the type of bond, or adjust the conditions of release. Bond modification hearings carry some uncertainty. A judge who can lower a bond can also raise it. That’s why it is important to hire a criminal defense attorney to help you decide whether pursuing a modification makes sense.
What to Do Right Now If a Bond Has Been Set
Contact an experienced lawyer if someone you love has been arrested and a bond has been set. Do this before you pay anyone anything. Bond decisions happen quickly, so call as soon as you can to learn about your options.
At Greenwood Law in Winston-Salem, we will review the bond amount and help you understand whether it’s appropriate given the charge and your background. Our skilled criminal defense attorney will make sure no one takes advantage of your family’s unfamiliarity with the system during a moment when you’re already carrying so much.
Related Video: Secured Bond Explained: What It Really Takes to Get Out of Jail
Greenwood Law Is Here to Help
We care deeply about the families who come to us during some of the hardest moments of their lives. We represent clients facing criminal charges throughout North Carolina, and we’ve seen firsthand how the bond process can be confusing, frightening, and, in some cases, exploited by people who count on families not knowing their rights.
You deserve clear answers. You deserve to know what your options actually are before you make any financial decisions. And you deserve an advocate who will look out for your family’s interests from the very beginning to the end of the criminal justice process.
If someone in your family has been arrested, contact Greenwood Law today. We’re here, and we can help.