Setting Bail at the First Appearance

After an arrest, the person is brought before a magistrate, typically within 48 hours, at their initial court appearance. The magistrate determines whether bail is appropriate and, if so, sets the amount. Courts may also impose other conditions, such as curfews, mandatory check-ins, or restraining orders. In short, bail is designed to ensure that the person returns for court and that public safety is maintained.

Types of Bail Recognized in Craven County

Craven County allows several options for release:

Released on own recognizance (ROR): No money required; the defendant promises to return.

Unsecured bonds: No money up front, but failure to appear results in a judgment for the full amount.

Secured or surety bonds: Typically arranged through a bail agent, often costing 10–15% of the bail amount.

Cash bonds: Full amount paid directly by the defendant or a surety.

At the Craven County Detention Facility, bail can be paid by cash, cashier’s check, money order, or credit card. The sheriff may recommend bail agents to facilitate matters.

How Courts Decide Bail Amounts

To set bail, magistrates—or eventually judges—take a range of factors into account:

The severity of the charge and whether it’s considered a felony or misdemeanor.

The defendant’s criminal record.

Flight risk, which includes ties to the community, family support, and employment.

Whether the defendant represents a public safety risk.

Seeking a Bail Reduction

If the bail amount seems too high, the next step is to file a motion to modify the bond, typically before a judge (not the magistrate). A reduction may happen if:

The prosecutor and judge agree, allowing for an uncontested decrease, or

A formal hearing is held where evidence supports lowering bail.

Motions should be in writing and served to the prosecutor. Timing matters—files are often more successful when filed early, such as at the first appearance or a probable cause hearing.

Preparing for a Bond Reduction Hearing

When attending a hearing to reduce bail, preparation matters:

Bring evidence of strong community ties, employment, or residential stability.

The rules of evidence don’t strictly apply, so focus on clear, compelling information.

The defendant is usually present but should avoid speaking without counsel’s guidance to prevent unintended consequences.

If the judge denies the motion, reasons must be provided verbally or in writing. There’s still an option to appeal or try again later if circumstances change.

How Bail Amounts Are Set—and Lowered—in Craven County

When someone is arrested in New Bern, the process of determining bail begins quickly. Understanding how bail is set—and whether it can be lowered—helps reduce uncertainty during a stressful time. Let’s walk through how things work in Craven County, NC.