Bonding

The Bail Reform Act’s Pernicious Effects

Pre-trial detention is among the most misunderstood and abused aspects of the criminal justice system. Whether a person is detained or not, and the conditions under which a person is released, often sets the stage for the outcome of the case. It is now widely understood that a detained person is far more likely to…

Read More

Attorneys and Bondsmen

North Carolina law prohibits lawyers from having any kind of interest in bonding activities. In addition, the North Carolina Rules of Professional Conduct make it a professional ethical violation for an attorney to be involved in bonding activity. The reason for this is that a bondsman's interests are often not aligned with the client's or…

Read More

Man who threatened Mayor McFarlane Better have a Rich Uncle

Judge Keith Gregory refused to lower the bond in a case involving alleged threats made against Raleigh Mayor Nancy McFarlane. Alec Dane Redner, a 27-year-old Wake County resident, was arrested in January on charges of communicating threats, a class 1 misdemeanor in North Carolina, and with threatening an executive officer, a class I felony. According…

Read More

Domestic Violence and No Contact Orders

North Carolina, like most states, has special laws that govern crimes committed between people who have had a past or current intimate, familial, or dating relationship. These laws govern both heterosexual and same-sex relationships, although the recent passage of Amendment One (banning gay marriage in North Carolina) has put some of these laws in doubt…

Read More

Bail Bonding and Pre-Trial Release Programs under Assault

In an incredibly silly move, the North Carolina General Assembly is threatening to cut pre-trial release programs, which save the taxpayer about $70/day and have a 90 percent success rate. These programs save counties money, they save defendants money. But bail bondsmen and their allies in the legislature are happy to keep more people locked…

Read More

The Importance of Bond: George Zimmerman’s Lesson

Bond is one of the most important stages in a criminal case as George Zimmerman is now learning. Zimmerman is the man accused of second degree murder in the shooting death of Trayvon Martin in Florida. In North Carolina, an arrestee has two opportunities to have bond set within the first 48 hours. The first…

Read More

Electronic House Arrest vs. Electronic Monitoring

This post deals with the post-conviction application of EHA or Electronic Monitoring in a Raleigh criminal case. If a person is sentenced within an Intermediate (I) sanction block, that person must face at least 1 of several intermediate sanctions, including: Split Sentence – up to a 1/4 of the sentence in custody, with the balance…

Read More

Pre Trial Release Conditions

Jennifer Smith at the UNC School of Government’s criminal law blog has a useful post explaining the various exceptions to the general rule that people arrested ought to have conditions set upon which they can be released from custody. Those conditions may be as lenient as a “written promise to appear” or as part of…

Read More

How Bail is Set in North Carolina

Upon arrest bail will be set by a magistrate or judge in most cases. Bond and bail guidelines are governed by Article 26 of Chapter 15A of the North Carolina General Statutes, and by local rules as established by the Chief Resident Superior Court Judge and Chief District Court Judge of each judicial district. A…

Read More

Modifying Bonds in North Carolina

I’ll paraphrase a question I recently was asked: My son has a $500,000 bond trying to get it reduced. He as a court appointed lawyer. I need to know the steps to getting a bond reduction and how long does it take. These are not steps you should take. They are steps his lawyer should…

Read More