Secured Bail Bonds?

Understanding The Process

What Are Secured Bail Bonds

Just because you have been arrested for a crime or offense doesn’t mean you that you have to sit in jail until your court date. It also doesn’t mean you have to come up with the full amount of the bail set by a judge in order to regain your freedom. In most cases, you will qualify for a secured bail bond, which typically in Wake County, North Carolina is around 15 percent of the total amount of the bond to be paid to a bail bondsman or bail bond company. There are several types of bonds used for pre-trial conditions of release including secured and unsecured bonds, so it’s essential to learn the difference to understand your liability in each case. 

A secured bond is the most common bail bond pre-trial release condition in Wake County where it requires payment of something of value equivalent to the amount of the bond. It is “secured” in that if there is a Failure to Appear where the defendant has missed court the court system keeps the money or collateral pledged. Some bonds in North Carolina may be marked “Cash Only Bond” which is the exact opposite of a secured bond. In cash-only bonds or unsecured bonds the money for bail is to is to be paid to the court system as bail.

The State of North Carolina and bail bond companies want to make sure they will get the money back they put up to post bail for defendants. Everything you put up such as collateral ensures that you will come to court and honor all conditions of pre-trial release. If you follow through and show up, you retain your collateral. On the contrary, your collateral will be forfeited if you tend to skip out.

Differences Between Secured And Unsecured Bail Bonds

When you post bail to get out of jail in Raleigh, North Carolina you will most likely have a secured bond in which you will have to use a bail bondsman or bail bond company. When it comes to a secured bail bond, the surety or bail bondsman in this case, will post bail through an insurance company in which he or she has underwriting authority for the amount of the bond. A premium or fee is charged by the bail bond company and they ensure the courts that the defendant will appear in court. 

In some cases the bail bondsman will require some sort of additional collateral to post bail– in those cases a house is required as collateral. Car titles and jewelry are not accepted. 

Failure to appear or not showing up in the court means forfeiting the collateral to the state or bail bond company. The bail bond company will file a civil claim against the defendant and all those involved in posting bail in order to satisfy the judgment of the bail amount. However, if you continue to show up for court, you will get your property back at the completion of the case. 

On the other hand an Unsecured bail bond is also known as a Written Promises to Appear. In an unsecured bond there is no security or collateral to secure the full amount of the bond. In this type of bond you just need to promise that you will appear in court on a set date. 

It is important to know that unsecured bail bonds are riskier for the state and county. This is the reason for its unavailability for everyone depending their past criminal history. 

Primarily, you can typically qualify for this type of bail bond if you have never been in trouble before, no pattern of repeat offenses and you pose no threat to yourself or others. 

Similarities

In both, secured and unsecured bail bonds, they are similar in the fact that both have to do with your condition of release options and whether or not you have to pay to post bail in order to be released. These two also play an important role in court appearances and whether or not you are financially liable to the courts.                  

Differences

Secured bail bonds needs money to be paid to a bail bondsman or bail bond company before release and may require additional collateral while an unsecured bail bond does not. You will only be asked to make promises or sign a written agreement to appear in an unsecured bond. 

However, the unsecured bail bond is much riskier since there is nothing used to back it up. In Raleigh, NC at the Wake County Detention Center this type of bond is not very common. It is not available to anyone accused of a serious crime and other more serious charges such as drug trafficking.

How Do I Post Bail?

If you or a loved one has been arrested and given a written promise to appear on an unsecured bond, you will not have to post any money or find a bail bondsman. Instead, the defendant who was issued either a written promise or unsecured bond will simply need to fill out some paperwork and the local jail and wait for processing and their release to follow.

On the other hand, if the defendant was given a cash bond they will need to come up with the entire amount of the bond and make payments at the Wake County Detention Center.

The more difficult  process in posting bail happens when a defendant is issued a secured bond. If the secured bond is set low enough for  the defendant they may be able to have a family member or friend cover and pay the bond amount for them . If the secured bond is set at an amount that the defendant cannot cover the amount, they are able to hire a local bail bondsman or bail bonds company to assist them in securing their release. 

When you hire a bondsman in Raleigh, North Carolina they generally charge between 10-15% of the total amount of the bond to for their services. Once you hire a bail bondsman, they will go to the local jail holding the defendant and post the necessary paperwork from the surety (or insurance company) they represent to secure the defendant’s release.

In addition to hiring a bail bondsman and paying a fee to post bail. Please note that in most cases  in order to post bail in Raleigh, NC at the Wake County Detention Center on Hammond Rd. a application must be filled out prior to posting bail by a qualified co-signer, usually a family member, who is at least 21 years old, gainfully employed, a resident of the state of North Carolina who is also willing to provide at least two personal or work related references. 

If you or a loved one has been arrested and need to understand your options in posting bail bail call Winston Bail Bonding at (919) 819- 6918 to get your 24-hr free consultation.