Did you know that approximately 2 million people are incarcerated in the United States of America? If you or someone you love is going through a court case, the process can seem overwhelming.
During a bail hearing, the judge will determine whether your loved one can go home while they await trial or if they must sit in jail until their trial date. We want to help. We understand the indescribable value of being able to await trial from home.
Read on to learn more about what to expect during a bail hearing in North Carolina.
What is Bail?
Bail is the amount of money a defendant must post to be discharged from care until their trial. Bail isn’t a standard fine. It isn’t gathered to be utilized as a penalty but to act as collateral to make sure that defendants will attend their trial.
Bail exists to simply guarantee that respondents will show up for the trial and all pretrial hearings for which they must be present. Bail is returned to litigants when their trial is over. Many defendants use a bail bond service to post bail quickly, to help the defendant get out of jail.
Who Sets the Bail?
The bail is set by the “bail magistrate.” This is a public officer with very limited authority to release people into the custody of a caregiver. After reviewing the bare facts of the case, they are tasked with deciding if the defendant is a flight risk.
They are not tasked with determining guilt but reviewing the defendant’s personal circumstances to determine if they are likely to appear in court. If a defendant pays bail, they can go home and await their trial from home.
After an arrest, the police will call the bail magistrate to determine if the defendant can be released on personal recognizance or bail. When a person is arrested, they must go to jail and wait until the court is open for the bail magistrate to review the financial circumstances of the defendant and set bail.
Who is Present During a Bail Hearing?
During a bail hearing, a judge will preside over the court. There is no jury present because it is up to the judicial magistrate to make the determination of the defendant’s future.
For this hearing, the defendant will be present, and so will their defense’s attorney. Spectators are also usually welcome for these court proceedings.
What Happens During a Bail Hearing?
A bail hearing is a court proceeding where a judge will determine if a defendant should be allowed to post bail and be released from jail throughout the duration of their trial. During these proceedings, the amount of bail is also set. This financial obligation will act as a security to ensure that the defendant does not skip down.
Evidence that may be presented by the state and defendant during this trial is sole to determine if the defendant would be a danger to the community or at risk of fleeing if granted bail. The determination of whether or not to grant bail has nothing to do with
Bail hearings are typically a straightforward process because you don’t need to comb through piles of evidence. A favorable ruling still is based on a great deal of preparation, and our team of experts is prepared to do the groundwork to help accomplish just that.
Factors that Go Into a Bail Hearing
During a bail hearing, a judge will consider many factors to determine whether or not the defendant shoudl be allowed bail. They will consider these factors when setting the amount as well.
The judge will take a holistic approach as they consider the following:
- Personal character and history
- Financial resources and employment
- Nature of the alleged crime
- Past criminal history
- Attendance record at previous court appearances
- Family ties and length within the community
It is our job to prove that you are not a flight risk or danger to the community at large. By proving a history of good deeds and stable employment, we can show that if released you are not a risk to the court.
When you have a lengthy criminal history or track record of missed court appearances, it is more difficult to argue for bail. We want to reassure the court that you would comply with the legal proceedings even if you waited for trial from home.
During these hearings, the state will often argue that the defendant would be likely to flee town or fail to appear before the court. By reviewing these factors, the court and judge are typically able to make a decision on bail.
After the Bail Hearing
Following a bail hearing, your attorney will ask the judge to release you to yourself for others. Even after the bail hearing, the defendant will wait in jail until the conditions of release are met. This may include posting cash or a surety bond or lining up a supervisor for conditional releases.
Enter Your North Carolina Bail Hearing With Confidence
You can speed up the bail release process by having professional and licensed bail bond agents on standby. If you or a loved one happens to be detained at the Hammond Road Detention Center, we can post bail immediately. With our hasty response times, we can help ensure that your loved ones have the opportunity to seek comfort in their home immediately.
Accidents happen all of the time. That’s why our office offers services 24/7. We are always on standby to help, so you can enter your bail hearing with confidence. Contact us at Raliegh Bail Bonds for all of your bail needs.