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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 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. The defendant must also agree to attend every scheduled court date, or else they may be Get more info 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 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 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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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. 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. 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 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.