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New Bail Bond Law Changes in North Carolina. New laws taking effect this autumn aim to reform how judges set bail in North Carolina, with reforms designed to reduce incarceration while giving low-income defendants an opportunity to remain free until their trials. Morey expresses concerns that these changes could have unintended repercussions, and in his testimony to the legislature he raises several specific issues of concern.

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North Carolina law requires that police present those they arrest to magistrates so that bail and release conditions can be determined. Magistrates can review charges and set bond conditions 24/7. When someone on pretrial release gets arrested again, however, judges have to assess the situation and decide whether detention or release is warranted.

Judges must also consider the impact of their decision on victims, public safety and community safety. When making these judgments, judges must also take into account previous convictions and their severity; age, gang affiliation, mental illness, drug use addiction history as well as any history of failing to appear or breaching bond agreements must also be taken into consideration.

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Under this bill, judges now have greater discretion on whether to detain or release defendants. A judge must gather additional information when a defendant is charged with a crime such as first-degree homicide, kidnapping or sexual conduct by adults with minors. This will help him decide whether the defendant poses a threat to society and if he should be released on bond. The legislation also adjusts eligibility requirements for bail bondsmen by mandating they be United States citizens or legal residents and pass a state certification test. The courts must also collect names of charitable bail bonds organizations and record forfeitures in order to monitor a new practice called charity bail. Nonprofit organizations raise money for people who can't afford to pay their own bail to get bail services.

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North Carolina law has changed to prevent defendants charged with domestic abuse or any felony from being released on their own recognizance. Instead, they are detained until they appear before a district judge who will set pre-trial conditions. This process can take days or weeks. For example, if someone is arrested Friday night, they may not see a magistrate until Monday because magistrates do not oversee matters outside of regular working hours.

Judges must make their decision regarding release based on various factors, including severity of offense, employment status, family ties and prior criminal history. Furthermore, defendants must agree to appear for every scheduled court date or they will face being issued with a bench warrant and forced to pay a fine by the court.

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This bill is in response to growing concerns over how many moneyed criminals can spend to bail themselves out of jail before their trial dates, under the current system. It aims to save taxpayer dollars by eliminating bail bondsmen - who typically charge 10% of total bond costs - as well as altering qualifications by mandating that they be U.S. citizens or legal residents and pass an appropriate state certification test for bondsmen.

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The bail industry generates $14 billion in revenue annually. It exploits poor families, trapping them into predatory contracts that include extended payment plans and can continue for years after the case is over. Bond agents also charge illegal fees, such as late fees and interest on past due balances.

Bail is set when a judge determines that the only effective way to ensure someone appears for court is through money or promises made to others in case of their nonappearance. Although bail has become an entrenched part of American law enforcement, critics frequently accuse it of keeping poorer defendants incarcerated; recently judges and advocates have sought ways to reform its use by restricting it further.

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Unfortunately, bail bond companies have fought against these reforms by spending millions to promote the notion that their system ensures all residents' safety while supporting local police departments.

This argument may sound reasonable, but the reality of bail abuses and their dangerous consequences cannot be ignored. Last year a New York court ruled that one bondsman's practice of charging premiums even when judges refused to release accused from jail was illegal and California insurance regulators have received numerous reports alleging kidnapping and false imprisonment by bail agents, property lien forgery and death certificate forgery as new hanover county jail well as theft or embezzlement of collateral from them.

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People arrested can find it daunting navigating the legal system for the first time, particularly those unfamiliar with its intricacies like bail and bond terms which can be complicated and unclear to some people. Many don't understand how it all works either.

Magistrates were typically responsible for setting pretrial release conditions and bonds for defendants charged with domestic violence in North Carolina. Magistrates have the advantage of being readily available 24/7/365 to review details of cases and set bonds accordingly.

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The new law eliminates this discretion and now all decisions are made by judges. This is a significant departure from the previous practice, and could cause additional delays for those who are arrested. Judges must also obtain criminal history documentation and conduct risk analyses when dealing with these cases.

Note that even if the judge grants defendants bail on their own recognizance, they still must swear an oath that promises they will appear for all scheduled court appearances and may also have certain conditions attached such as refraining from contact with their alleged victim and/or performing community service.

If a defendant fails to appear for an hearing, their bail will be revoked. An arrest warrant will also be issued.