Getting Out of Jail and Understanding Bond in North Carolina

Bond, also called bail, is part of the court's decision about whether someone will be released from jail before trial. After you’re charged with a crime and brought before a judicial official, the court may set conditions of release. Those conditions might include a financial guarantee to return to court or other restrictions, such as avoiding contact with certain people.
If the conditions are met, the defendant may remain out of jail while the case is pending. If the defendant violates the release conditions or fails to appear in court, the court may issue a warrant and impose additional penalties. Willful non-appearance in court is a separate criminal charge in North Carolina and applies to both misdemeanor and felony charges.

A written promise to appear is a condition of release in which you agree in writing to return to court as scheduled. No money or property is required up front. This type of release is generally used for low-level charges where the court believes you are likely to appear as directed. A custody release allows you to be released into the supervision of another person or organization that agrees to ensure you attend court. The person or group accepting custody signs the bond paperwork and becomes responsible for your appearance. A custody release does not require payment to the court but may be combined with other conditions, such as having no contact with certain people or staying away from a particular location.

An unsecured bond is a written agreement stating that you will return to court. It includes a specified amount of money you promise to pay only if you fail to appear. You do not have to pay the bond amount in advance to be released. If you miss court, the full amount becomes due, and the court may enter a civil judgment against you for that amount. The State may collect the judgment like any other debt. If someone else signed the bond as your surety, they can also be held responsible for payment.

A secured bond is a promise to return to court backed by money or property. Before being released, you—or someone acting on your behalf—must provide the court with the full bond amount in cash or pledge real property such as a home. If a cash bond is paid, and you appear in court as required, the money is returned at the end of the case. If the bond is secured with real estate, a deed of trust is recorded, giving the State a claim on the property. If you miss court and the bond is forfeited, the State may collect the money or foreclose on the property to recover the amount owed.

If you cannot afford to pay the full amount in cash, you may be able to use real property—such as land or a house you own—as collateral. This requires recording a deed of trust that gives the State a legal claim against the property if the bond is forfeited. Preparing and filing this paperwork may necessitate hiring a lawyer. If you don’t have sufficient money or property, another person (a surety) may post the bond for you. This could be a family member or friend who signs the paperwork and agrees to be responsible for the bond. In some cases, a surety may not have to provide cash or a deed of trust up front if the bond is below a certain amount and local rules allow it. You may also use a licensed bail bondsman. A bondsman charges a nonrefundable fee (called a premium) to post the bond. That fee is usually a percentage of the bond amount and is not returned after the case ends.

Electronic monitoring, sometimes called “EM” or “house arrest,” is a form of pretrial release in which you are allowed to remain outside of jail but are restricted in your movements. This usually involves wearing an ankle bracelet that tracks your location. You may be required to stay at home and avoid certain places, such as the location of the alleged offense or a protected party’s home or workplace. Electronic monitoring may also include alcohol monitoring, particularly in impaired driving cases. In those situations, a different type of device may be used to detect alcohol consumption through body chemistry. These tools are used to help ensure compliance with the court’s release conditions while your case is pending.

If you are arrested for a qualifying domestic violence charge in North Carolina, a judge—not a magistrate—is required to set the conditions of your release during the first 48 hours after arrest. This does not mean you will automatically be held for the full 48 hours, but it does mean that a magistrate cannot release you during that time unless a judge has already reviewed your case. If no judge is available before 48 hours have passed, a magistrate may then set release conditions.

Judges are usually only available during regular court sessions. So, if you're arrested on a weekend, holiday, or at night, your release may be delayed until the next session of court. Some counties have processes in place to allow earlier review by a judge, but if no review occurs, the 48-hour window is the maximum time you may be held before a magistrate can step in.

If you miss a required court date, the court may order that your bond be forfeited. This means you may be responsible for paying the full bond amount to the State. The court can enter a judgment for that amount, which is treated like a civil judgment and can be collected through the same process used in other civil cases.

If your bond was paid in cash, that money may be kept by the court. If the bond was secured by a deed of trust on real estate and you fail to appear, the State may begin foreclosure to recover the amount owed. If someone else signed the bond as a surety—such as a family member, friend, or bail bondsman—they may be held responsible for the forfeited amount along with you.

If a bondsman posted your bond and it’s forfeited, the bondsman may pursue you or your family for repayment based on the agreement made when the bond was posted. If you receive a notice that a bond forfeiture has been entered, it is important to talk to a lawyer as soon as possible to understand your options and next steps.

If you attend all required court appearances and your case is resolved without a forfeiture, the bond will be released. If you or a family member posted a cash bond, the court will mail a refund check to the address on file. If the bond was secured by real estate, the court will cancel the deed of trust and release the State’s claim on the property.

If you used a bail bondsman, the premium you paid is not refunded. That fee is payment for the bondsman’s services and is not returned even if the case ends favorably. Similarly, if someone signed as surety without putting up cash or property, there is nothing to return once the case ends and the obligation is discharged.

If you miss a scheduled court date, the court may treat it as a Failure to Appear (FTA). In some cases, this can result in an order for your arrest. Whether an arrest order is issued depends on the type of charge and the circumstances of the case. If you were released on bond, missing court may also lead to bond forfeiture. Additionally, certain missed court dates can result in a new criminal charge for failing to appear.

If your case includes traffic or motor vehicle charges, the clerk’s office may notify the NC Department of Transportation, Division of Motor Vehicles (DMV). That notice can lead to the suspension of your driver’s license if the case is not resolved within the required time frame.

Your lawyer may be able to file a motion asking the court to strike the FTA, recall any arrest order, and excuse the bond forfeiture. Judges have discretion in these matters and are not required to grant the request. Providing a clear explanation and any documentation showing why you missed court may help the court decide whether to grant relief.

You can ask the court to continue, or reschedule, your case. Whether to grant a continuance is up to the judge. There is no guarantee that the request will be granted, so you should be prepared to move forward on your original court date unless the court says otherwise.

If you have an attorney, they may be able to file a motion to continue the case on your behalf. In some situations, the prosecutor may agree to the continuance, but the judge makes the final decision.

If you're facing a legal challenge and aren't sure where to begin, Powers Law Firm takes a thoughtful, informed approach to representation. TEXT or call 704-342-4357 or email Bill@CarolinaAttorneys.com to find out whether we’re able to assist.