Johnston County DWI Bail Information

Johnston County Bail Process After DUI Arrest

Being arrested for Driving While Impaired (DWI) in Johnston County can be a stressful and confusing experience. One of your primary concerns will likely be how to get out of jail. This guide provides a step-by-step explanation of the bail process in Johnston County, North Carolina, helping you understand your options and navigate the system. Bail is essentially a financial guarantee to the court, ensuring that you will appear for all scheduled court dates. If you attend all required hearings, the bail money is typically returned (less any applicable court fees, if cash bail is used). If you fail to appear, you forfeit the bail money, and a warrant is issued for your arrest.

Typical Bail Amounts for DUI

Bail amounts for DUI in North Carolina can vary depending on several factors, including your prior criminal record, the circumstances of the arrest (e.g., high BAC, accident), and any aggravating factors. While specific bail amounts are determined by a magistrate, unsecured bonds are possible for first offenders with deep community ties, as noted in research data. A secured bond requires the defendant or a surety to post cash or property to secure release. Remember, a magistrate may order a defendant held until their BAC drops below a statutory threshold or until a sober, responsible adult assumes custody.

How to Post Bail in Johnston County

Several options are available for posting bail in Johnston County:

Option 1: cash bail

• How it Works: You pay the full bail amount directly to the Johnston County Detention Center.
• Where to Pay: Funds can be deposited via the kiosk located in the Magistrate’s Lobby, which is accessible 24/7. You can also deposit funds online via jailatm.com, or by mailing money orders or certified checks to P.O. Box 1496, Smithfield, NC 27577.
• Payment Methods: The Johnston County Detention Center accepts cash (at the kiosk), money orders, and certified checks.
• Refund: If you attend all required court appearances, approximately 90% of the cash bail is typically returned to you after your case concludes. The remaining portion may be used to cover court costs.

Option 2: bail bondsman

• How it Works: You pay a non-refundable fee to a licensed bail bondsman, who then posts the full bail amount on your behalf. This fee is typically 10-15% of the total bail amount.
• What You'll Need: To secure a bond, you will likely need to provide the bondsman with identification, information about the arrest, and potentially collateral (such as a car title or property deed) to secure the bond. The bondsman may also require a co-signer, someone who agrees to be responsible for ensuring your appearance in court.
• Finding a Bondsman: This website provides a directory of licensed bail bondsmen who serve the Johnston County area.

Option 3: property bond

• How it Works: You use real property (land or a house) as collateral to secure your release.
• Requirements: The property must typically be worth 150-200% of the bail amount to ensure sufficient equity.
• Process: Property bonds often involve a more complex and time-consuming approval process than cash or surety bonds, as the court must verify the property's value and ownership.

Option 4: personal recognizance (pr bond)

• How it Works: You are released from custody on your own "personal recognizance," which means you promise to appear in court as required. No money or collateral is required.
• Eligibility: PR bonds are typically reserved for first-time offenders with strong ties to the community and a low risk of failing to appear in court.
• Determining Eligibility: The magistrate determines eligibility based on a statutory hierarchy under N.C.G.S. 15A-534.

Timeline: How Long Until Release?

• Processing Time: After bail is posted, the processing time at the Johnston County Detention Center can vary. However, it generally takes a few hours to complete the necessary paperwork and release procedures.
• Best Times to Post Bail: Posting bail during regular business hours (Monday-Friday, 8:00 AM - 5:00 PM) may expedite the release process, as more staff are typically available.
• Potential Delays: Several factors can delay your release, including:
• High Jail Population: If the jail is overcrowded, processing times may be longer.
• Domestic Violence Charges: If your DWI charge is coupled with a domestic violence offense, N.C.G.S. 15A-534.1 stipulates that a magistrate cannot set bond for the first 48 hours. A District Court Judge must set bond, which can significantly delay release, especially if arrested on a Friday night.
• Impairment: If the Magistrate finds probable cause that the defendant is still impaired, they may order the defendant held until their BAC drops below a statutory threshold (usually 0.05), a sober, responsible adult agrees to assume custody, or 24 hours have elapsed.

What Happens After Posting Bail

Once you are released on bail, you must comply with any conditions of release set by the court. These conditions may include:

• Avoiding contact with certain individuals.
• Abstaining from alcohol or drug use.
• Attending required treatment programs.
• Surrendering your passport.

You will also receive a notice of your court date. It is crucial to appear in court on the scheduled date and time. Failing to appear can result in the forfeiture of your bail, the issuance of a warrant for your arrest, and additional criminal charges.

Special Considerations in Johnston County

A critical logistical deviation occurs if the DWI charge is coupled with a domestic violence offense. Under N.C.G.S. 15A-534.1, a Magistrate does not have the authority to set bond in domestic violence cases for the first 48 hours. Bond must be set by a District Court Judge. This provision creates a "hard hold" that families and bail bondsmen cannot circumvent, fundamentally altering the logistics of release for this subset of offenders.

Frequently Asked Questions

**1. Where is the Johnston County Detention Center located?*The Johnston County Detention Center is located at 2875 US-70 BUS E, Smithfield. You can reach them by phone at (919) 989-5010.

**2. How can I find out if someone has been arrested and is being held at the Johnston County Jail?*The Johnston County Sheriff's Office maintains a live "Inmate Inquiry" database, updated daily.

**3. What happens if I damage or remove the wristband I am given at the Johnston County Jail?*The inmate handbook specifies that if a wristband is damaged or removed, the inmate is charged a $10.00 replacement fee.

Browse licensed bail bondsmen serving Johnston County in our bail bond directory.