If you or a loved one have been charged with a drug-related offense, the bail amount can vary depending on factors we’ll cover in this article.
Once the bail amount is set by the magistrate you can secure a bondsman to be released, or see a judge at the first appearance. (The next appearance is the hearing, which you definitely want to ensure you attend.)
Factors that affect bail amounts for drug possession charges:
The type and amount of drugs one was in possession of have the most impact on the bail amount. For instance, possessing 1.5 ounces or less of marijuana is typically only a misdemeanor, but even small amounts of cocaine or heroin can lead to felony charges.
Marijuana possession can become a felony charge for possession of more than 2 ounces. If a defendant is caught with larger amounts with distribution items (i.e. scales, baggies, cash etc.), the charge becomes “intent to distribute” and is a more severe felony charge. (More on that below.)
Your prior criminal record, if any, as well as whether the court deems you a flight risk will also affect your bail amount. If you have obvious ties to the community, such as family and stable employment, that can help reduce the court’s concerns about flight risks.
Regarding your criminal record, past arrests can potentially increase the bail set, whereas a judge may be more lenient for first-time offenses.
Being arrested with drugs in a drug-free zone, such as a school area, parks, or public housing, can also increase the bail amount for drug charges. Places that are commonly considered drug-free zones include:
- K-12 schools, colleges, and universities.
- Areas surrounding daycare centers and preschools.
- Public Parks and Playgrounds
- Public Housing
- Youth Centers or Community Centers
For example, a simple drug possession charge may be escalated to a more serious offense with mandatory minimum sentences, even if the amount of drugs is small. Since these zones are designed to protect children and other vulnerable groups, judges may impose high bail as a precaution, prioritizing public safety.
In North Carolina, courts sometimes allow enrolling in drug treatment programs to reduce the legal consequences a defendant faces, including bail amounts.
However, this needs to be presented and accepted before a bail amount is set to affect the bail amount. Once bail is set, that’s the amount.
Drug Trafficking and Distribution Charges
Drug possession charges become more serious with threshold amounts of illegal substances. Once those threshold amounts are reached, law enforcement may then believe the individual had the intent to sell/distribute the drugs.
Beyond that, if evidence suggests one is involved in an operation to distribute large amounts of those drugs, or if that person is allegedly connected to a drug manufacturing setup, the charges become all the more severe.
The quantities for these drugs where the charges increase in severity are as follows:
- 10 pounds of marijuana
- 28 grams of cocaine
- 28 grams of methamphetamines
- 4 grams of heroin or other opiods
- 28 grams of MDMA
- 100 units of LSD
We Have An Experienced Bail Bonds Team Ready To Help
Around the Clock Bail Bonds is led by Jarrett Jordan, who has 20 years of experience in the bonds industry. In those years, we’ve helped a great number of folks get back home to their families promptly.
We have team members throughout North Carolina to help depending on what court system your arrest was tied to.
Click your area for specifics on the bail process in that court system: