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Understanding Arrests, Cash Bonds, and Pretrial Release

When a person is arrested, the subsequent steps and legal processes can be complex and sometimes confusing. This guide provides an in-depth look at the procedures following an arrest, focusing on the crucial aspects of pretrial release, including the conditions for release, the handling of cash bonds, and the return of these bonds.

Immediate Judicial Appearance

When a person is arrested, a law enforcement officer must take the individual before a judicial official without unnecessary delay, as mandated by G.S. 15A-501(2). This prompt presentation ensures that the defendant’s rights are upheld and that the judicial process begins as quickly as possible.

Entitlement to Pretrial Release

In most non-capital offenses, defendants are entitled to pretrial release, subject to certain statutory exceptions (G.S. 15A-533(b)). Pretrial release allows the defendant to remain free while awaiting trial, provided they meet specific conditions set by the judicial official.

Conditions for Pretrial Release

Under G.S. 15A-534, at least one of five conditions of pretrial release must be imposed before a defendant can be released. These conditions include:

  1. Written promise to appear.
  2. Unsecured bond.
  3. Custody release.
  4. Secured bond.
  5. House arrest with electronic monitoring.

Among these, secured bonds are a common condition imposed by judicial officials.

Secured Bonds

A secured bond requires the defendant or a third party to provide a form of security to ensure the defendant’s appearance in court. This security can be provided in one of three ways:

  1. A cash deposit of the full amount of the bond.
  2. A mortgage on real property pursuant to G.S. 58-74-5.
  3. At least one solvent surety who agrees to pay the bond amount if the defendant fails to appear.

Importance of Secured Bonds

Secured bonds play a critical role in the pretrial release process. They provide a financial incentive for the defendant to appear in court and comply with other conditions of release. Judicial officials often impose secured bonds, accepting cash as a standard method. Understanding the procedures for cash bonds is crucial, especially regarding refunds and preserving interests.

Cash Bonds: Procedures and Rights

When cash is used to satisfy a secured bond, specific procedures must be followed to ensure proper handling and eventual return of the funds. The process varies depending on whether the cash is deposited by the defendant or a third party.

Cash Deposited by the Defendant

If a defendant has immediate access to enough cash to post a secured bond, the judicial official follows these steps:

  1. Check the box designated “Cash Appearance Bond By Defendant” on the form (AOC-CR-201).
  2. The defendant signs the bond in the block designated “Signature Of Defendant.”
  3. No one signs as surety.
  4. The judicial official completes the “Complete if Cash Deposited” section, lists the receipt number, and signs and prints their name as “Official Accepting Cash.”
  5. A receipt is issued in the defendant’s name.

Cash Deposited by a Third Party

If someone other than the defendant deposits the cash, the judicial official must determine the purpose of the deposit:

For Defendant’s Obligations

If the third party intends the cash to cover the defendant’s obligations other than appearance (e.g., child support, fines, or court costs), the process is similar to when the defendant deposits the cash:

  1. The defendant signs the bond in the block designated “Signature Of Defendant.”
  2. No one signs as surety.
  3. The judicial official completes the “Complete if Cash Deposited” section, lists the receipt number, and signs and prints their name as “Official Accepting Cash.”
  4. A receipt is issued in the defendant’s name.

For Appearance Only

If the third party deposits the cash solely to ensure the defendant’s appearance, they must execute the bond as a surety:

  1. The judicial official checks the box designated “Surety Appearance Bond.”
  2. Complete the “Accommodation Bondsman” section with the name, address, and telephone number of the person depositing the cash.
  3. The defendant signs in the block designated “Signature Of Defendant.”
  4. The person posting cash signs as surety under “Signature Of Surety.”
  5. The judicial official completes the “Complete If Cash Deposited” section, lists the receipt number, signs and prints their name as “Official Accepting Cash,” and issues a receipt in the depositor’s name.

Signing as surety binds the depositor to the conditions of the bond and authorizes forfeiture of the cash if the defendant fails to appear.

Release and Return of Cash Bonds

Cash Returned to the Defendant

If the cash appearance bond was posted by the defendant or by a third party intending it to cover the defendant’s obligations, the form will have the “Cash Appearance Bond By Defendant” box checked. In this case, only the defendant is entitled to the refund, regardless of the receipt’s name. The judicial official, usually the clerk, refunds the bond to the defendant.

Cash Returned to a Third Party

If a third party posted the bond solely for appearance and signed as surety, the “Surety Appearance Bond” box will be checked. Only the surety is entitled to the refund, and the clerk refunds the bond to the surety.

Ambiguous Ownership

Occasionally, the ownership of a cash bond may be ambiguous. In such cases, the clerk notifies all potential interested parties that:

  1. The bond money is eligible for disbursement due to the case’s conclusion.
  2. The ambiguity prevents the clerk from disbursing without a court order.
  3. The clerk will retain the money until the court orders disbursement.
  4. Interested parties may wish to consult counsel.

The clerk sends identical notices to the district attorney, the defendant (through counsel, if represented), and any third party identified on the record.

Best Practices for Judicial Officials

To prevent confusion and ensure clear understanding, judicial officials should:

  • Clearly explain the implications of the form and the refund procedure to the depositor.
  • Provide a notice detailing the bond process and return procedures.

Understanding the procedures surrounding arrests and pretrial release, particularly the handling of cash bonds, is essential for defendants, third-party depositors, and judicial officials. By following the correct procedures and ensuring clear communication, all parties can navigate the legal process more effectively, minimizing misunderstandings and ensuring that funds are returned appropriately at the conclusion of the case.

*Disclaimer: This article does not constitute legal advice. Facts specific to your case may change the way the law affects the case outcome.

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