What is a Bail Bond?

A monetary guarantee filed with the court whereby a defendant is temporarily placed in the custody of the posting Bail Agent. Furthermore, the bail agent promises the court the defendant will appear each and every time they are ordered to do so while their case is pending.

What does it mean when I sign the Indemnity Agreement for the defendant to be released?

You are responsible for the face amount of the bond until the case reaches a judgment whether it's guilty or not guilty.

How much of the bond money do I get back after the case is disposed? is closed?

None, because you are paying a premium from 10% to 15% instead of 100%. If you want a refund you must pay the magistrate the total amount of the bond to obtain a refund after the case is disposed.

Is a defendant released on bail really in the custody of the posting Bail Agent?

Yes, when a Bail Agent posts a Bail Bond with the Jail or Court, the Bail Agent is taking responsibility for the defendant to appear at all future court dates; however, the defendant is not in the physical custody of the agent . For example, if a defendant does not follow the terms and conditions of the Bail Agent, then he/she risks being returned to jail! We provide the comfort of not being in a jail cell; however, if a defendant fails to communicate or check in as required then he/she may be returned to jail.

Do I need collateral?

We enjoy bringing families together; however, high bail amounts may require collateral.  Every case is different.  If you have questions, please do not hesitate to call!

What can I put up for collateral?

If you're a homeowner then a signature may be all that's needed or a lien may be placed on your home, based on the bond amount and the required equity. In some cases, you may also use your vehicle as collateral.

What happens if a person is released on Bail, but the case is dismissed? Do I still owe the premium?

Yes, if you hired a bail company to post bail for a defendant. Commission is earned once the defendant is released on a Bail Bond because Bail Bond Companies cannot determine if the District Attorney is going to file a case or not. It's just like buying a car and you have a note to make monthly payments, then your car ends up as a totally damaged vehicle you still have to payoff the note of whatever your balance is due after the value is evaluated. Therefore when you sign a note for a payment plan YOU OWE the FULL BALANCE until it's paid in full even if the case is closed via dismissal, probation or the defendant is sentenced. IT'S THE LAW!!! THE DEFEERRED PAYMENT AGREEMENT IS STILL DUE!!!

What happens if the defendant is put back in jail for a new charge or has been surrendered for violating their bond, do I still owe the balance of the outstanging money owed?

Yes, you owe the money because there is no way that anyone can predict the future for any reasons the defendant may be placed back in jail. Once you sign a Memorandum of Agreememt with any bonding company this is a binding contract that must be fulfilled until the balance is paid in full. Sometimes you may be able to make new arrangements with that company of lowering your payments by extending your terms if you have a change within your income. However, there must be a new agreement form revised and sign by both parties.

7 Reasons A Defendant May Be Placed Back In Jail By A Bail Bond Agent

It is agreed that the defendant can and will be arrested and returned to jail, without refund of your bond fee, for ANY of the following reasons:

(1)        Willfully fails to pay the premium to the surety or willfully fails to make a premium payment under the agreement specified in G.S. 58-71-167.

(2)        Changes his or her address without notifying the surety before the address change.

(3)        Physically hides from the surety.

(4)        Leaves the State without the permission of the surety.

(5)        Violates any order of the court.

(6)        Fails to disclose information or provides false information regarding any failure to appear in court, any previous felony convictions within the past 10 years, or any charges pending in any State or federal court.

(7)        Knowingly provides the surety with incorrect personal identification, or uses a false name or alias. 

What if the person I bail out does not appear?

The court will issue a warrant for the arrest of the defendant. In addition, a notice will be sent to us regarding the failure to appear.  We will be happy to assist you in either reinstating the bail with the court or surrendering the defendant back into custody.

What if the person I bail out gets re-arrested in a different county or state?

Call us immediately so we can make sure you are protected. Communication is very important.

1. What happens if an Agent is not following the rules above & how do I report this matter?

2. If my loved one gets a new charge while on a bond can the Agent on the old bond surrender that bond b/c of the new charges & make the family repay for all the bonds again?

If you are dealing with a dishonest agent please DO NOT call my office. Please copy the address below & paste it in your search bar to download the correct form & mailing address: 

https://www.ncdoi.gov/bbrd-online-complaint-form 

Are there any additional legal fees?

In the event of a forfeiture (when the defendant failed or refused to appear in court as required) you as the indemnitor(s) of the bond will be held responsible to pay the face amount of the bond if the defendant is not turned back over to the bail agent or the county jail within a timely manner. The worst being a Summary Judgement where the defendant cannot be located and you have to pay the entire bond amount.

Should I get an attorney to request a bail reduction?

If a case has been filed at the court by the District Attorney's office and the bail amount is too high for you to afford, then you may want to seek the advice of an attorney regarding possible bail reduction.

Can a Bail Bond Company refer an attorney?

No, it is against the law for a bail bond agent to make attorney referrals. 

Can you assist me because my son/daughter is in jail for child support?

No. Unfortunately, we are unable to assist with child support because child support is a civil matter which requires the magistrate to receive the face amount of the bond.  In other words, the bond must be paid in full.

HOW DO I BECOME A BAILBONDS WOMAN/MAN?

You would first need to find a local office that is hiring agents. Then they should provide you with all the necessary tools down the right paths. If all fails please go to this site https://www.ncdoi.gov/licensees/bail-bondsmen-licensing/become-bail-bondsman-or-runner to make sure you understand fully. If you are still interested please contact Meme (memepenn@gmail.com) via email to schedule an appointment. To schedule your Pre-License Class contact http://www.ncbailschool.com