First, a bond is set by the judge or magistrate after you’ve been arrested. The amount of the bond usually increases with the severity of the charged crime, but there are many other factors that determine the amount of the bond.
Second, it is important to know that there are two types of bonds, unsecured and secured.
What is an unsecured bond?
An unsecured bond means that the defendant executes an appearance bond “promise to appear in court on the court date” and also a promise to pay the bond amount if he or she does not appear in court. If the defendant misses court, an order for arrest will be issued and the defendant will have to pay a secured bond in order to obtain release.
What is a secured bond?
A secured bond means that the defendant must secure his or her release by posting something of value in the specified amount in exchange for release. A secured bond may be satisfied with cash, a mortgage, or most commonly a commercial bondsman.
Defendants are entitled to bond hearings in order to petition the court to lower the bond. The Judge considers many factors and weighs them against the interests of the State when determining whether to reduce the bond.
Below are the actual factors considered by the judge setting and deciding on whether or not to modify an existing bond.
• the nature and circumstances of the offense charged;
• the weight of the evidence against the defendant;
• the defendant’s family ties, employment, financial resources, character, and mental condition;
• whether the defendant is so intoxicated that he or she would be endangered if released without supervision;
• the length of the defendant’s residence in the community;
• the defendant’s record of convictions;
• the defendant’s history of flight to avoid prosecution or failure to appear at court proceedings; and
• any other evidence relevant to pretrial release.
For the full bond statute, you can find it here: Chapter 15A- Article 26.
You can rely on our team of dedicated criminal defense attorneys to negotiate with the judge on your behalf and do everything possible to get you or a loved one out of jail with a reasonable bond. Schedule a FREE consultation for any criminal charge by calling or texting 704-993-6825.
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