North Carolina's New Bail Bonds Law. 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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Under current North Carolina law, police bring those they arrest before magistrates for bail and release conditions to be determined. Magistrates can review charges and set bond conditions 24/7. When someone on pretrial release gets arrested again, however, judges have to assess the situation and decide whether detention or release is warranted.
Judges must also assess how their ruling impacts victims, community safety and public risk. 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. 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 adjusts eligibility requirements for bail bondsmen by mandating they be United States citizens or legal residents and pass a state certification 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.
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 is in response to growing concerns over how many moneyed criminals can spend to bail themselves out of jail 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 when a judge determines that the only effective way to ensure someone appears for court is through money or promises made to others in case of their nonappearance. 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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Bail bond companies have spent millions of dollars to promote the idea that their system is safe for all new hanover county nc jail 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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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.
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 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.