Defending clients throughout Catawba, Caldwell, Burke, Iredell, and Alexander Counties.
When a person is charged with a crime and taken into custody, they may be given the option to post bail to secure their release until their trial. A judge usually sets bail based on the severity of the crime. It is also determined by the likelihood that the defendant will appear in court.
However, sometimes the bail amount set by the judge is too high for the defendant to pay. In these cases, they may seek the help of a bail bond company. A bail bond is a contract between the defendant, the bond company, and the court. The bond company pays the full amount of the bail. The defendant then pays a percentage of that amount as a fee to the bond company.
If the defendant fails to appear in court, the bond company may forfeit the full bail amount. This is why bail bond companies often require collateral from the defendant, such as a house or car, to secure the bond.
If the defendant cannot afford bail or cannot get a bail bond, they may remain in custody until their trial. However, in some bond modification cases, the defendant may be eligible for pretrial release. This allows them to be released from custody without posting bail. Pretrial release programs vary by jurisdiction. However, they generally involve some type of supervision, such as check-ins with a probation officer or wearing an ankle monitor.
A bond modification changes the conditions of a defendant’s bond or pretrial release agreement. This may involve:
Bond modifications are typically requested by the defendant or their attorney. The defendant may seek a bond modification if they can no longer afford the bail. They may also pursue this option if their circumstances have changed since the initial bond hearing. For example, the defendant may have lost their job or had a medical emergency. They may request a lower bail amount or a modification of their pretrial release conditions.
To request a bond modification, the defendant or their attorney must file a motion with the court. The motion should explain why the amendment is necessary. It should also provide any supporting documentation, such as financial statements or medical records.
The court will review the motion and may hold a hearing to consider the request. The prosecutor may also have the opportunity to object to the modification. If the court grants the request, the defendant must comply with the new conditions of their bond or pretrial release.
It is important to note that bond modifications are not always granted. The court will consider several factors when deciding whether to modify a defendant’s bond. These include:
A: Violating bond conditions in Newton, North Carolina may result in your bond being revoked. You may then be taken back into custody. Depending on the severity of the violation, you may also face additional criminal charges. It is crucial to take bond conditions seriously. You should comply with all requirements to avoid negative consequences.
A: If a bond is denied in North Carolina, the defendant must remain in custody until their trial or a successful appeal is made. The defendant or their attorney can file a motion for reconsideration of bond. This may result in the court granting a bond. In some cases, a bond modification attorney may also be able to negotiate a bond reduction. They may also secure an alternative pretrial release program on the defendant’s behalf. This can help the defendant avoid remaining in custody until trial.
A: Under the 90-day bond rule in North Carolina, a person must be brought to trial within 90 days of their arrest if they are in custody and have not made bail. If the trial does not occur within this time frame, the person may be eligible for release on their own recognizance or a reduction in their bail amount. However, there are exceptions to this rule. It is important to understand the specifics of your case by seeking guidance from an experienced attorney.
A: The timing of a bond hearing in North Carolina can vary depending on the court’s schedule and other factors. Bond hearings are typically scheduled within a few days to a week after making a bond request. If a hearing is not scheduled promptly, it may be possible to file a motion to expedite the process. It is important to work with a qualified attorney. They can assist you through the bond hearing process and protect your legal rights.
When you are facing criminal charges, having a knowledgeable attorney by your side is essential. At Cayll Law, PLLC, we understand the complexities of bond modification law and are here to help. Our experienced attorney can review your case, advise you on your legal options, and fight to protect your rights. Contact us today for a consultation.