Bail & Bonds

Bail is the amount of money that the individual must pay the court to secure their release until their trial date.  If they fail to appear at the specified time, they forfeit that amount.

There are very few defendants who are able to pay the entire bail amount.  But to avoid remaining in jail the defendant may be able to create an agreement with the court system to be released.  This is called a “Bond”.  Typically the “Bond” must be 10% of the Bail.  If the bail is $20,000 then the agreement for bond will be for a $2,000 payment with a promise to appear.

No Bond:
When an arrested person is issued a “No Bond” they will not be eligible to be released from jail until they have been seen by a judge for an arraignment/bond eligibility hearing. If the person you are trying to get out of jail has been issued a “No Bond” then there is no amount of money that you can pay to get them out of jail until a judge changes the “No Bond” status. 

Secured Bonds:
A “Secured Bond” is the most common type of bond issued to arrested persons in our jail. If a defendant is issued a “Secured Bond” this means that they are eligible to get out of jail, but that they will need someone to sign and come up with money (or equal collateral) in the amount listed on the bond by the Magistrate before they can be released.

Unsecured Bond:
If someone is arrested and issued an “Unsecured Bond” by the Magistrate this means that they can simply sign themselves out of jail without paying the amount of money listed on the bond or securing the services of a bail bondsman. In these situations the defendant is free to leave after signing an appearance bond stating they will be in court on the day set for them. On an “Unsecured Bond” if the defendant fails to show up at their next scheduled court appearance the status of the “Unsecured Bond” can be changed to a “Secured Bond” by a judicial authority.

Written Promise: 
Similar to an “Unsecured Bond” is a “Written Promise”. The difference is that a “Written Promise” does not have a monetary amount attached to it. If someone is arrested and issued a “Written Promise” they only need to sign a surety ensuring that the they will appear in court at the scheduled time and date.

There are three ways to bond someone out of the Ashe County Detention Center if they have a “Secured Bond” to include:

Post the Bond in Cash-
To post a Secured Bond in cash you will have to pay the full amount listed on the bond by the Magistrate before the defendant can be released from jail.  To do so you will have to first contact the Magistrates Office at (336) 219-1419. The Magistrate will require that a responsible adult come to their office inside either the Ashe County Detention Center or the Ashe County Courthouse and pay the entire amount of the bond with exact change in cash (US currency).

Keep in mind that this is money that, provided the defendant shows up as-directed for all of their scheduled court dates, you should get back eventually.

• • Hire a Bail Bondsman-
    If you do not have, or do not wish to pay, the full amount listed on the bond in cash, you can hire the services of a certified bail bondsman to help get someone out of jail. A bail bondsman’s fee is typically 15% of the total bond amount. This means that if the bond amount issued by the Magistrate is $5,000.00 then the amount owed to the bail bondsman is typically $750.00. This money paid to the bail bondsman is not money that you will ever get back, it is their fee for the services.Once a responsible adult has met with and paid the bondsman’s fee and signed all of their paperwork, the bail bondsman will  do the rest. The bail bondsman will come to the lobby of the Ashe County Detention Center and present a surety bond which will allow the defendant to get out of jail.The Ashe County Sheriff’s Office does not, and cannot, give recommendations for bondsmen.
  • Post a Property Bond-
    Property owners have an additional way to bond someone out of jail. If someone owns property worth equal to, or more than, the amount listed on the Secured Bond then they can meet with the Magistrate and put that money up as collateral for the bond. When posting a property bond, if the bond amount is greater than $4,999.00 you will be required to hire an attorney to prepare a Deed of Trust.

    Please keep in mind that a property cannot be used to secure a bond if there is currently a lien or back property taxes that, when deducted from the value of the property, makes the property’s equity less than the amount needed to cover the bond. To inquire about putting up land or property to bond a defendant out of the Ashe County Detention Center please contact a Magistrate.