In the United States of America, the US Constitution guarantees that every US citizen is presumed innocent until proven guilty. Since being detained for days or months denies you of your constitutional right to a speedy trial and you are generally entitled to Life, Liberty and the pursuit of Happiness as described in the US Declaration of Independence, the bail bond system attempts to restore your rights Bail is not always automatically granted. In some cases you may have to request bail, or a bail bond hearing.
However, if you are accused of a crime that is extreme, monstrous, or there is reasonable risk you may leave town, the state or the country, your request for bail may be denied. In this case, you could expect to be detained until you are either proven guilty, or proven innocent. There are other charges for which you should expect a bail bond request to be denied. They include:
Domestic Violence (A district judge usually set the bail in North Carolina)
Child Support (Non Support)
Suppose you find yourself in trouble and you hear the following:
“Your bail is set at $1000.00”
What does that mean? The short answer is that you'll have come up with 10% to 15% ($100 to $150) of the $1000.00? The percentage is often determined by how risky the bondsman believe your bond is.
The long answer -
Remember a bail bond is given as surety, or a type of guarantee, that you will show up for your court date. Given the nature of what you were arrested for, the court system has already predetermined a range of how much a North Carolina magistrate (Judge) should set your bond for. We choose $1000.00 for our example. Additionally the magistrate determines the type of bond, whether you should get a secured or unsecured bond. Let's say your bond is secured. Your options are then as follows:
Post the entire $1000 yourself, or
Post property, or
Hire a bail bondsman and pay $100 to $150.
If you opt for a bail bondsman, the bondman would post the $1000 to the court, usually by a prearranged procedure, and the money you pay the bondsman becomes the bondsman fee for getting your released from jail. However, since the bondsman is at risk for the $1000 depending on whether you follow the magistrate or court's order, the bondsman must keep track of your whereabouts until the case is disposed of. If the bondsman have reason to believe you are not in compliance with the court's orders or your are not in compliance with the conditions the bondsman set up, the bondsman may go off the bond and return you to jail.