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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 expresses concerns that these changes could have unintended repercussions, and in his testimony to the legislature he raises several specific issues bondsman wilmington nc 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. When making these judgments, judges must also take into account previous convictions and their severity; age, gang affiliation, mental illness, drug use addiction history as well as any history of failing to appear or breaching bond agreements must also be taken into consideration.
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Under this bill, judges now have greater discretion on whether to detain 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. 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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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 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.
The judge will decide whether to release the defendant based on a number of factors, such as the severity of the offense, employment status and family ties, or previous 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 to save taxpayer dollars by eliminating bail bondsmen - who typically charge 10% of total bond costs - as well as altering qualifications by mandating that they be U.S. citizens or legal residents and pass an appropriate state certification test for bondsmen.
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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. 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.
While this argument might sound reasonable, the reality of bail industry abuses and their dangerous ramifications 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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It can be difficult for people arrested to navigate the legal system the first time. This is especially true if they are unfamiliar with the intricacies of the system, such as the terms of bail and bond. These can be confusing and confusing 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. The advantage of having magistrates available 24/7/365 is that they can review the details of a case and set bond amounts.
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The new law removes this discretion, with decisions now solely being made by judges. This represents a major departure from previous practice and could potentially create additional delays for those arrested. Judges must also obtain criminal history documentation and conduct risk analyses when dealing with these cases.
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 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.
