New Bail Bond Law Changes in North Carolina. New laws taking effect this autumn aim to reform how judges set bail in North Carolina, with reforms designed to reduce incarceration while giving low-income defendants an opportunity to remain free until their trials. Morey expresses concerns that these changes could have unintended repercussions, and in his testimony to the legislature he raises several specific issues of concern.
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North Carolina law requires that police present those they arrest to magistrates so that bail and release conditions can be determined. Magistrates are available 24/7 to review charges and set bonds; when someone arrested while on pretrial release is arrested again however, judges must assess the situation to decide if detaining or releasing is warranted; typically this evaluation requires conducting a criminal history report and risk evaluation report.
Judges must also consider the impact of their decision on victims, public safety and community safety. Judges must also consider the severity of previous convictions; age, gang membership, mental illness, drug addiction history, as well as any past history of failure to appear or breaching bonds agreements.
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This bill gives judges greater discretion in deciding whether to hold or release defendants. When the defendant is charged with an offense such as first-degree murder, kidnapping, or sexual conduct with minors by adults, a judge must gather more information in order to decide if they pose a danger to society and whether they should remain free on bond. The legislation also changes the eligibility requirements for bail bondmen, requiring them to be United States citizens or residents of the United States and pass a state-certified test. The courts must also collect names of charitable bail bonds organizations and record forfeitures in order to monitor a new practice called charity bail. Nonprofit organizations raise money for people who can't afford to pay their own bail to get bail services.
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One of the key changes under North Carolina law is that defendants charged with domestic violence or any felony offense cannot be released on their own recognizance; rather, they will be detained until appearing before a district court judge, who must set pre-trial release conditions - this process may take days or even weeks; for instance if someone was arrested Friday night they might not see one until Monday due to magistrates not generally overseeing matters outside regular working hours.
Judges must make their decision regarding release based on various factors, including severity of offense, employment status, family ties and prior criminal history. Furthermore, defendants must agree to appear for every scheduled court date or they will face being issued with a bench warrant and forced to pay a fine by the court.
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This bill was introduced in response to the growing concern about how much money criminals could spend to bail themselves out before their trial dates under the current system. It aims at saving taxpayer dollars by eliminating bail bondmen, who charge an average of 10% of total bond cost. Qualifications will also be changed to require that they are U.S. Citizens or legal residents as well as pass a state certification test.
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The bail industry generates $14 billion in revenue annually. It exploits poor families, trapping them into predatory contracts that include extended payment plans and can continue for years after the case is over. Bond agents also charge illegal fees, such as late fees and interest on past due balances.
Bail is set by a judge when they determine that the only way to ensure someone shows up for court is to give them money or make promises to others if they don't. While bail has become a staple of American law enforcement and is widely used, critics often accuse it of keeping poorer criminal defendants in prison. Recently judges and advocates have sought to reform its use through further restrictions.
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Bail bond companies have spent millions of dollars to promote the idea that their system is safe for all residents and supports local police departments.
This argument may sound reasonable, but the reality of bail abuses and their dangerous consequences cannot be ignored. Last year a New York court ruled that one bondsman's practice of charging premiums even when judges refused to release accused from jail was illegal and California insurance regulators have received numerous reports alleging kidnapping and false imprisonment by bail agents, property lien forgery and death certificate forgery as well as theft or embezzlement of collateral from them.
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People arrested can find it daunting navigating the legal system for the first time, particularly those unfamiliar with its intricacies like bail and bond terms which can be complicated and unclear to some people. Many people don't know how the system works.
Magistrates were typically responsible for setting pretrial release conditions and bonds for defendants charged with domestic violence in North Carolina. Magistrates have the advantage of being readily available 24/7/365 to review details of cases and set bonds accordingly.
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The new law eliminates this discretion and now all decisions are made by judges. This represents a major departure from previous practice and could potentially create additional delays for those arrested. When dealing with these cases, judges must also obtain criminal background documentation and conduct risk assessments.
Even if a judge grants bail on the defendant's own recognizance they must still swear an oath promising to appear at all scheduled court appearances. They may https://offthehookbail.com/wilmington-nc-bail-bondsman-defends-community-rights/ also be subjected to certain conditions such as refraining contact with their alleged victims and/or performing community services.
If a defendant fails to appear for an hearing, their bail will be revoked. An arrest warrant will also be issued.