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Can I Get A Bond Reduction In North Carolina?

When you are arrested in North Carolina, one of your first priorities should be hiring a criminal defense attorney to represent you in court. Your next priority is regaining your freedom. An experienced criminal defense lawyer can argue for a bond reduction to ease the financial burden and make it easier to post bond.

The attorneys of Welch and Avery understand that you need to be released from jail so that you can be home with your family and return to work. Criminal proceedings can move very slowly and the last thing you want is to remain in jail pending your criminal hearing. We will do everything within our power to get you out of jail as quickly as possible while arguing for a bond reduction.

What Is The Purpose Of A Bond?

A bond acts like a cash security to ensure that a criminal defendant appears at future court hearings. The defendant or someone on the defendant’s behalf must pay the bond amount in order to secure the defendant’s release. If the defendant does not have the cash to pay the bond in full or property with a value equal to the bond to pledge as collateral, a bail bondsman will pay the bond if the defendant pays the bail bondsman a percentage (usually 10 to 15 percent) of the bond amount.

In some cases, a judge may grant the defendant an “unsecured” bond. In these cases the judge releases the defendant on the defendant’s promise he or she will appear in court as ordered. If the defendant does not appear in court, the defendant must pay the entire bond amount to the court.

Judges use several factors when deciding the amount of a bond including:

  • The defendant’s criminal record

  • The type of criminal charge

  • Whether the crime is a violent or non-violent crime

  • Any outstanding warrants

  • The defendant’s employment (past and present)

  • Whether the defendant owns a home

  • Family circumstances and living situation

Hiring a Lawyer or Posting Bond?

The reality for most people is that they have a limited amount of money at their disposal if they are arrested.  The problem is that they want to get out of jail quickly but also will need to hire a lawyer to defend them against the charges.  The single most common mistake made by many defendants is that they wait to hire a lawyer until after they have posted their bond.  The issue is that they may be wasting their money posting a high bond when they could have had it reduced.  Many people find that, after they have either posted their bond in cash or hired a bondsman, they no longer have the funds left to hire a decent lawyer.

A lawyer can seek a bond reduction at any time.  By hiring a lawyer first and getting the bond reduced, a defendant can still get out of jail by posting a much lower bond or paying a much lower fee to the bail bondsman, and they already have a lawyer retained to defend them against their charges.

Obtaining a Bond Reduction

A bond can be modified by the court at any time (either raised or lowered at the request of either the defense or the prosecution).  There are essentially two ways to get a bond reduction.  First, the prosecutor might agree to the defense’s request for a reduced bond, and then the court can simply sign a bond reduction order based on that agreement.  Second, a contested hearing can be held and the court can set a new bond after hearing from both the prosecution and the defense.

Having an attorney represent you at your bond hearing can result in a lower bond amount because your attorney understands how to argue the relevant factors in your favor. If the bond amount is excessively high, your attorney will probably first try to seek an agreement to lower the bond, and if that is unsuccessful then request a hearing on the issue.  Hiring an experienced criminal defense attorney is essential to protect your rights during your bond hearing.

Contact an Experienced Jacksonville Criminal Defense Attorney

“Attorneys Who Aggressively Protect Your Rights”

Welch and Avery is a full-service Jacksonville Criminal Defense law firm committed to providing results-driven legal representation to individuals seeking an alternative to large-firm representation. We focus on providing you the best legal defense possible regardless of the criminal charge.

When you are facing a North Carolina criminal charge, you need an experienced legal professional in your corner. You need a criminal defense lawyer working for you who knows the law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County, and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a free case evaluation.

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