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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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 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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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. 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 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 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. Furthermore, bond agents often charge illegal fees such as late charges 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. 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 new hanover county detention center to reform its use through further restrictions.
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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 don't understand how it all works either.
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. 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.