Is the criminal bond system ‘absolutely unacceptable’? How the process works in NC
Controversy over the bond amount set for a person accused of shooting a Charlotte-Mecklenburg Police officer has raised questions about how bonds are set in North Carolina.
CMPD Chief Johnny Jennings called the bond for Toddrick McFadden, who is accused of shooting an officer responding to a 911 call at a NoDa bar, “absolutely unacceptable” in a YouTube video.
“Something’s definitely wrong with the system,” he said, “and I’m committed to put in the work to do everything that I can on my part to fix this.”
In the current system, there are “suggested” bail bond amounts, but there’s also individual discretion.
Here’s what to know about how bail bonds work in North Carolina:
What is a bail bond?
A bond, also known as bail or a bail bond, “is the amount you must pay and the promises you must make to be released from jail until your criminal case is resolved,” according to the Charlotte-based Browning & Long law firm.
There are different types of bonds in North Carolina, under state law, including:
A “written promise to appear,” where you pledge to show up to your court hearings.
An “unsecured appearance bond,” where you don’t have to pay to get out of jail but have to pay the amount set if you don’t show up to your court hearings.
An “appearance bond,” where you pay the amount set in cash, through a bonding company or using collateral such as your home to get out of jail.
Bond amounts are usually set by a magistrate.
How is bond determined in NC?
In North Carolina, there are “suggested” bond amounts on the books for certain charges one may face, but the “actual bond” in any case “is in the sole discretion of the judicial official setting bond,” according to state law.
“The circumstances of each individual case will govern each decision,” the law says, “A rigid bail schedule is incompatible with such an individualized decision.”
Beyond the suggested bond amounts, state law also includes other guidelines for magistrates and judges to follow when setting bonds.
For example, magistrates can’t grant a pretrial release to anyone charged with a capital offense and are advised to show caution when deciding what to do in situations where the person is from a different state or has missed court hearings before.
What is a typical bond amount?
Suggested bond amounts in North Carolina vary greatly depending on what someone has been charged with.
The suggested bond for someone charged with a Class 3 misdemeanor, for example, is $100 to $250. But the suggested bond for a Class A1 misdemeanor is $500 to $2,500.
The numbers get even higher if you’re charged with a felony. The suggested bond in cases of a Class I felony is $2,000 to $5,000, while the suggested bond for Class B1 and B2 felony cases ranges from $200,000 all the way to $1 million.
Magistrates can’t grant a pretrial release when you’re facing a Class A felony, also known as a capital offense, although a district court judge or superior court judge can set bail under certain circumstances.
There are also different bond recommendations for “drug trafficking offenses” in North Carolina, ranging from $25,000 to $500,000.
This story was originally published July 6, 2022 at 6:00 AM.
