When someone is arrested, one of the first questions families ask is: “Can they get out without paying anything?”
In North Carolina, the answer is sometimes — but it depends entirely on the type of bail the judge chooses and the defendant’s background.
Unsecured bonds and personal recognizance releases can sound like the perfect solution, but they come with conditions, risks, and real financial consequences if anything goes wrong.
Not every release requires cash upfront, but that doesn’t mean it’s free. Here’s what unsecured bail really means in North Carolina.
What Is Unsecured Bail (and How Does It Work)?
With unsecured bail, no money is paid upfront. Instead, the defendant signs an agreement promising to appear in court.
If they miss court, the judge can require them to pay the full bail amount, which may be thousands of dollars.
Judges may consider unsecured bail when the defendant:
- has a clean or low-risk record
- has strong community ties (family, employment, residence stability)
- has no prior missed court dates
- poses no public safety concerns
Unsecured bail is essentially a trust-based release, but only when the judge feels confident the defendant will return to court.
Review the NC General Statute on Pretrial Release Conditions, which outlines unsecured and secured bail requirements.
Unsecured vs. Secured Bail: What’s the Difference?
Secured bail:
- Requires payment upfront (cash, property, or use of a bail bondsman).
- Ensures the court has financial security if the defendant doesn’t appear.
- Used more often for moderate to serious charges.
Unsecured bail:
- No upfront payment required.
- Defendant owes the full bail amount only if they violate conditions.
- Granted mainly in low-risk cases.
You can also read the NC Judicial Branch’s overview of the four types of pretrial release that judges may impose.
Even though unsecured bail sounds easier, most defendants do not qualify. Judges tend to use secured bail when they need assurance the person will return.
Get answers about secured, unsecured, and cash bonds in North Carolina
Why Unsecured Bail Isn’t Always the Best Option
An unsecured bond sounds great until something goes wrong.
Because no money is paid upfront, courts consider unsecured releases higher risk, and defendants must follow every condition exactly. Failure to do so triggers major consequences:
- Full bail amount becomes due immediately (even if it’s $5,000, $10,000, or more).
- A warrant is issued for failure to appear.
- Future unsecured releases become unlikely.
- Credibility drops with judges, prosecutors, and attorneys.
Review North Carolina’s serious penalties for failure to appear under NC General Statute § 15A-543.
Unsecured bail is helpful when it’s granted, but it’s not as risk-free as many families think.
When a Bail Bondsman Becomes the Better Choice
If a judge assigns a secured bond — or if families are concerned about the risks of unsecured release — a licensed bail bondsman is often the safer option.
Using a bail bondsman provides:
- 24/7 immediate service across Raleigh, Durham, Smithfield, and surrounding counties
- Affordable options, since clients only pay a percentage instead of the full bail
- Payment flexibility, including plans, credit options, and co-signers
- Support and reminders, helping clients avoid missed court dates and costly violations
Our experienced North Carolina team helps clients make the best choice for their situation.
Who Qualifies for Unsecured Bail in North Carolina?
Judges consider several factors before granting unsecured bail:
- Seriousness of the charge
- Criminal history
- Whether the defendant has ever missed court
- Employment and community ties
- Overall reliability and risk level
Those with minor charges, clean records, and strong ties to their community have the best chance.
For repeat offenses, felony charges, or situations involving public safety concerns, a secured bond is almost always required.
If you’re unsure what to expect, you can reach out before the first hearing. Contact Big Mike Bail Bonds to talk to a local agent who understands court processes across Wake, Durham, and Johnston County.
FAQs: Understanding Unsecured Bail in North Carolina
Q: Can everyone get unsecured bail?
No. It’s typically reserved for first-time or low-risk defendants with strong ties to the community.
Q: What happens if I miss court on an unsecured bond?
You immediately owe the full bail amount, and a warrant may be issued for your arrest.
Q: Can I switch from unsecured bail to a bail bond later?
Yes. If the judge changes your release conditions, a bondsman can post a secured bond quickly.
Know Your Options Before You Decide
Unsecured bail can be helpful, but it’s not available to everyone, and it comes with serious responsibilities. Most families still choose bail bonds for faster release, clearer guidance, and affordable payment options.
Big Mike Bail Bonds works across Raleigh, Durham, Smithfield, and surrounding North Carolina towns to help clients understand every bail option available day or night.
Not sure which bail type applies to your case? Call Big Mike’s 24/7 team to get clear answers today.
December 18, 2025
