bond hearings in Mecklenburg County
The 8th Amendment of the U.S. Constitution and Article 1, Section 27 of the N.C.G.S. state that “excessive bail shall not be required.” This is the first step for an attorney; to argue that your factors are not as serious based on the situation and the facts and that your bond should be lowered. The court will also be interested to hear persuasive information for why the defendant will appear (not a flight risk) AND why he or she is not a danger to the community.
Per NC statute, there will be no bond given for:
- Drug trafficking
- Gang Activity
- Firearms (Felony or A1 Misdemeanor) (5 year previous firearm charge)
A secured bond means that you have to pay the bond in order to be released. If the defendant fails to appear, that money will be forfeited to the state. If the defendant does appear, that money will be returned upon the completion of the case. If you hire a bail bondsman, that bail bondsman will likely charge you (10%-20%) and will put up the rest on your behalf. After this conclusion of the case, because the bail bondsman put up the money, he or she will likely not return your payment.
The judge may set an unsecured bond and usually does for charges that are not as serious. This means that you are not responsible for paying the bond unless you fail to appear for court. If you do fail to appear for court, there will be a money judgment in the amount that the unsecured bond was. If you are then thereafter arrested, you will be responsible for paying that money judgement in order to leave jail.