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North Carolina's New Bail Bonds Law. New laws that will take effect in the fall aim to reform how North Carolina judges set bail. The reforms are designed to reduce incarceration and give low-income defendants a chance to remain free until trial. Morey is concerned that these changes may have unintended consequences. In his testimony to legislators, he raises a number of specific concerns.

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Under current North Carolina law, police bring those they arrest before magistrates for bail and release conditions to 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. A judge must gather additional information when a defendant is charged with a crime such as first-degree homicide, kidnapping or sexual conduct by adults with minors. This will help him decide whether the defendant poses a threat to society and if he should be released 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. Courts must also collect the names of charitable bail bond organizations and record any forfeitures to monitor an emerging practice called charity bail, wherein nonprofit organizations raise money to provide people who cannot afford their own bonds with bail services.

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North Carolina law has changed to prevent defendants charged with domestic abuse or any felony from being released on their own recognizance. Instead, they are detained until they appear before a district judge who Off The Hook Bail Bondsman will set pre-trial conditions. This process can take days or weeks. For example, if someone is arrested Friday night, they may not see a magistrate until Monday because magistrates do not oversee matters outside of 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. The defendant must also agree to attend every scheduled court date, or else they may be issued a bench warrant with a fine.

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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 is a $14 billion-a-year business, exploiting poor families by trapping them in predatory contracts with extended payment plans that can continue long after their case has concluded. Furthermore, bond agents often charge illegal fees such as late charges 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. Although bail has become an entrenched part of American law enforcement, critics frequently accuse it of keeping poorer defendants incarcerated; recently judges and advocates have sought ways to reform its use by restricting it further.

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Unfortunately, bail bond companies have fought against these reforms by spending millions to promote the notion that their system ensures all residents' safety while supporting 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.

In North Carolina, magistrates are usually responsible for setting the conditions of pretrial release and bond for defendants accused of domestic violence. 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 removes this discretion, with decisions now solely being made by judges. This is a significant departure from the previous practice, and could cause additional delays for those who are arrested. Judges must also obtain criminal history documentation and conduct risk analyses when dealing with these cases.

Note that even if the judge grants defendants bail on their own recognizance, they still must swear an oath that promises they will appear for all scheduled court appearances and may also have certain conditions attached such as refraining from contact with their alleged victim and/or performing community service.

If a defendant fails to appear for an hearing, their bail will be revoked. An arrest warrant will also be issued.