What Are Unsecured Bail Bonds
Unsecured bail bonds are a form of bail bonds in North Carolina that doesn’t require the use of collateral or assets to secure the amount of the bond in order to post bail as you would typically see when using a bail bondsman or bail bond company.
Unsecured bail is typically granted to people who do not have a criminal history and or may be possibly first time offenders. In most cases if the defendant has been arrested and is not being held for a serious crime, the state will have no reason to suspect that the defendant will not appear in court or be a flight risk.
Instead of paying money to a bail bondsman or directly to the county jail as you would do in a cash-only bond, you simply sign a written promise to appear that states that you will attend all of your court appearances and comply with the conditions set forth in your bail release. Failure to do so can result in you owing the bail money to the state and being arrested for failing to appear in court.
Types of Unsecured Bail Bonds
There are three main types of unsecured bail bonds in Wake County and they are:
1). Unsecured bond.
2). Written promise to appear.
3). Custody Release- Usually reserved for minors 18 years or younger.
In some cases with unsecured bonds pre-trial release conditions there are some that will require additional security to post bail such as electronic house arrest.
An unsecured bond or written promise to appear doesn’t usually require any money to exchange hands. Instead, you work with the courts directly to promise your appearance in court and agree to pay if you don’t appear. It’s basically a written contract and it isn’t always the first option given by judges or magistrates depending on the circumstances.
Written Promise to Appear
A written promise to appear is generally used in less serious crimes for people who have no criminal record and are not a flight risk. There is no kind of monetary collateral required by the defendant when a written promise is given as the bond.
Even though this kind of bond does not require a monetary guarantee or payment from the defendant, however, it does require the defendant to honor the agreement or conditions of pre-trial release and appear in court until the case has been resolved.
Conditions of Release
After posting bail on an unsecured bond there may be a few other stipulations or conditions the defendant will have to follow while out on bail with a written promise to appear. In some cases weekly pre-trial check-ins are required. In domestic disputes the court will require that the defendant has a no-contact order in place with the victim. In other cases, the defendant will have to maintain employment while they await trial and the conclusion of their case. And lastly a common restriction often seen with written promises to appear is that if the defendant is considered a flight risk, there will be some type travel restrictions in place from leaving the county or state.
In cases of substance abuse, violence or drugs defendants may be monitored for use of alcohol and may be prohibited from possessing any type firearms or weapons. Defendants who may not be eligible for unsecured bail may have charges involving drug trafficking, gang activity, firearms, or habitual criminal history.
Determining The Conditions Of Pre-Trial Release
In Wake County, the conditions of release on a written promise to appear is determined by a judged or magistrate at the Wake County Detention center in Raleigh, NC you will not have a choice and it will not be left up to you to decide your conditions of release. There are several determining factors that are used on a case by case basis needed to determine whether or not a defendant should be release with a written promise to appear.
The conditions of release depend heavily on the two following determining factors:
1). CRIMINAL HISTORY: A defendants past criminal actions and criminal history plays a vital role in determining whether or not a defendant should be release on a written promise to appear. The longer the criminal history it is less likely to be released on a written promise to appear.
2). TYPE OF CRIME– The nature of the crime or offense committed is a major influence on the determining factor of conditions. The more2). violent a crime is or if drugs are involved it is less likely a defendant will get to post bail on a written promise to appear.
If you or a loved one are in a situation where you get arrested in Raleigh, North Carolina and you don’t understand your conditions of release before posting bail or you don’t understand which options you have at all give Winston Bail Bonding a call at (919) 819-6918.