FAQs

Why is this effort needed?
Cash bail and pre-trial detention unjustly penalizes people who are poor, and especially impacts people of color. Defendants are held in jail in pre-trial status: they have not been convicted of a crime, but will not be released until they pay bail or post a bond. In 2018, approximately 1,000 people in Orange County, North Carolina, were detained pre-trial because they could not afford to pay bail.

What’s the difference between “bail” and “bond”?
Bail is the money the defendant must pay to be released from jail. A bond is a loan taken by the defendant from a bondsman to pay the bail. The defendant typically pays 10% of the total bond, an amount that is not refundable. The bondsman then pays the bail. If the defendant does not show to a court date, the bondsman has the authority to detain and arrest the defendant.

Why is your effort called “bail/bond” justice?
Technically, in the defendant’s Initial Appearance before the magistrate and the First Appearance before the judge, bail is being set for the defendant. However, the term “bond” is used in Orange County, North Carolina, in these proceedings and related documents. This is the local nomenclature for bail. Therefore, it is important to reflect both terms in the title.

Orange County is so progressive, why don’t you focus on changing unjust bail practices in other areas of North Carolina?
County and District Courts have substantial discretion to enact local bail reform. In fact, local bail reform is driving efforts of state-wide reform in the NC General Assembly. We’ve seen reform efforts in Orange County, but more progress is needed. Mecklenburg County, Durham County, and other counties have enacted progressive policies and practices to release more people pre-trial. We can learn from these practices and practices in other communities. Below is a link to a study summary of Mecklenburg County and a study about the role of money in bail in 90 North Carolina counties. Orange County relies more on the requirement of secured bond (also called cash bail) than a number of other communities in North Carolina. Such a requirement unjustly penalizes people who are unable to pay.

If people are released pre-trial without having to pay bail, will they return to court?
A number of studies have shown that pre-trial release does not increase the incidence of failure to appear in court, including the Mecklenburg County study listed above. In some places like New Jersey, people charged with a misdemeanors are issued citations rather than having a bail requirement, and they come to court. See https://www.pretrial.org/what-the-new-jersey-report-shows-us.

How long will you conduct court observations?
The first phase of our Court Observation program is March, 2019-December, 2019. In this phase, multiple trained observers are conducting daily observations and collecting data at the First Appearance Hearing where the judges set bail. Magistrate data are also being collected. We will assess these data and publish a report in early 2020 regarding our findings, including good practices and practices needing reform. The second phase of our court observation will be in 2020 (and beyond) tracking progress in reform.

Who will be eligible to get assistance from the Orange County Bail Fund?
The basic requirements are: 

  • Bail of $5,000 or less in total for a resident of Orange County, North Carolina. We do not pay fees for bondsmen fees.
  • Must live in Orange County, North Carolina
  • Fund only operates for Orange County charges
  • The person has no hold that would preclude their release
  • The person has no recent history of multiple failures to appear in court
  • Phone number where we can text court reminders and provide support (and/or email address)

There will be other considerations in assessing the referrals for assistance such as dependent or other family members who may be harmed by the applicant’s detention. Referrals for bail assistance would be accepted from the Orange County (NC) Public Defender’s Office, Orange County (NC) Pre-Trial Release Services Program, indigent persons, indigent persons’ counsel, family, and friends.

What types of charges could a defendant have who might receive bail assistance?
Generally, a bail of $5,000 or less would cover charges involving misdemeanors and low-level felonies. For example, open container violation, larceny, trespass, resisting arrest, drug possession or drug paraphernalia, assault, injury to real property, and breaking and entering.

Is Orange County Bail/Bond Justice a bonding company?
No. Orange County Bail/Bond Justice is a faith-based initiative. We pay the full amount of the bail/bond set by the judge for a person held in jail pre-trial. Because we do not charge a fee or make bails for profit, we are not a bonding company.

Why are faith-based groups supporting bail reform?
As faith communities, we believe how much money a person has shouldn’t determine if they sit in jail. Bearing witness, seeking justice, and compassion for the poor are all tenets of our faith communities, and it is important to add our moral support to efforts of bail reform in Orange County, North Carolina.

What happens to the money if Orange County Bail/Bond Justice dissolves?
If Orange County Bail/Bond Justice, Inc. dissolves, the Board, after payment of all of the liabilities of the corporation, will dispose of all the assets to an organization or organizations organized and operated exclusively for charitable purposes under Section 501(c)(3) tax exempt organization. Unless otherwise determined by the Board, the assets shall be distributed one third to the Inter-faith Council for Social Service (110 W. Main Street, Carrboro, NC 27510), one third to Habitat for Humanity of Orange County, NC (88 Vilcom Center Drive, Suite L110, Chapel Hill, NC 27514), and one third to Orange County Justice United (PO Box 9484, Chapel Hill NC 27515).