New Hanover County Bail Information
Understanding bail amounts, the release process, and what happens after a arrest in New Hanover County.
How Bail Bonds Work
Option 1: Cash Bond (Pay Full Amount)
How it works: Pay the full bail amount to the court
Pros: Get full amount back after case concludes (minus court fees)
Cons: Requires full amount upfront
Option 2: Bail Bondsman (Most Common)
How it works: Pay 10-15% fee to bondsman, they post full bail
Cost: Typically 10% of bail amount (non-refundable)
Pros: Only need 10% upfront instead of full amount
Cons: Fee is non-refundable, may require collateral, co-signer assumes liability
Co-Signer Liability Warning
Important for Co-Signers:
- You are 100% liable if defendant does not appear in court
- You must pay the full bail amount if defendant skips
- Bondsman can seize collateral (house, car, etc.)
- You cannot cancel the bond - only the court can
- Liability continues until case is fully resolved
Release Timeline
Arrest & Booking (2-8 hours)
Fingerprinting, photographing, background check, medical screening
Arraignment (Within 24-48 hours)
First court appearance, judge sets bail amount, charges are read
Bail Posted (1-4 hours)
Family contacts bondsman, paperwork signed, fee paid
Release (2-6 hours)
Processing, release paperwork, return of personal property, court date assigned
Total Time Estimate
From arrest to release: 12-48 hours depending on booking workload, time of arrest (weekends take longer), and how quickly bail is posted.
After Release: Critical Deadlines
1. Request MVD Hearing - 15 Days
You have only 15 days from arrest to request your administrative license hearing. This is separate from your criminal case.
2. Retrieve Your Vehicle
Impound fees accrue daily. Get your car as soon as possible to avoid hundreds in storage fees.
Calculate Impound Costs3. Hire an Attorney
A attorney can help with license hearings, plea negotiations, and potentially getting charges reduced or dismissed.
Find New Hanover County Lawyers4. Appear at ALL Court Dates
Missing court will result in bond forfeiture, arrest warrant, and additional charges. Your co-signer will be liable for the full bail amount.
In New Hanover County, specifically within the municipal limits of Wilmington, the towing and impoundment ecosystem operates on two distinct, parallel tracks. Understanding this bifurcation is the single most critical factor for defense counsel and defendants in the first 24 to 48 hours post-arrest.
Vehicle Seizure After a DWI Arrest
New Hanover County operates under two systems for vehicle impoundment after a DWI. The first covers routine infractions, like parking tickets, under Wilmington City Code, Article VII, Sec. 5 and N.C.G.S. 20-161.1. The second, triggered by N.C.G.S. 20-28.3, mandates seizure for impaired driving offenses with specific aggravating factors. This is not discretionary.
If your license is already revoked for a prior DWI, or if you are unlicensed and uninsured, the officer must seize the vehicle, even if you aren't the registered owner.
The seized vehicle is initially towed to a local storage facility by a rotation wrecker service utilized by the Wilmington Police Department (WPD) or New Hanover Sheriff. However, N.C.G.S. 20-28.3 requires the vehicle to be transferred to a state-contracted vendor. For New Hanover County, that contractor is Martin Edwards & Associates (MEA).
The Martin Edwards & Associates Factor
Martin Edwards & Associates is headquartered in Linden, North Carolina, located in Cumberland County. The physical distance between downtown Wilmington and the MEA depot in Linden is approximately 95 miles—a drive of nearly two hours each way.
MEA must transport the vehicle from the initial local towing yard to their central storage facility within five business days of the seizure.
- Phase 1 (Days 1-5): The vehicle is likely at a local Wilmington tow yard.
- Phase 2 (Day 6+): MEA transports the vehicle to Linden, requiring a 4-hour round trip to retrieve it, plus accruing storage fees.
"Innocent Owner" Defense
If you are not the driver but own the vehicle (e.g., spouse, parent, employer), you can petition the Clerk of Court or a Magistrate to get the vehicle back. You must prove:
- You didn't know the driver's license was revoked.
- You didn't know the driver was prohibited from driving.
- You had no knowledge of the driver's impairment.
If you don't act fast, the vehicle will be moved to Linden. MEA is authorized to charge towing and storage fees before releasing the vehicle, even if you are an innocent owner, unless a court orders a waiver.
Expedited Sale Provisions
If storage charges exceed the vehicle's value or if the vehicle is worth $1,500 or less, MEA can sell the vehicle after 90 days, even before the criminal case is resolved.
Bail Procedures in New Hanover County
New Hanover County (Judicial District 5) operates under a Suggested Bail Bond Schedule. However, judicial officials can deviate based on risk assessment.
AOC-CR-200 Form Constraint: Local rules state: "No bond hearing may be conducted without the AOC-CR-200 in hand". For a bond hearing in Courtroom 100 (downtown), the Sheriff’s Department must physically transport this form from the jail in Castle Hayne to the courthouse.
Court Logistics: 316 Princess Street
The New Hanover County Judicial Building is located at 316 Princess Street.
There is a strict No Cell Phone / Electronics Policy for the general public inside the courthouse. Attorneys are exempt. There are no storage lockers available.
DWI Treatment Court
New Hanover County offers a DWI Treatment Court for repeat offenders facing jail time. It requires intensive supervision, frequent drug testing, and court reviews in exchange for suspended sentences or reduced active time. To be eligible, you must be a resident of New Hanover County, have a diagnosed substance dependence, and generally have no violent history.
The New Hanover County Judicial Building is located at 316 Princess Street, Wilmington, NC.
Sources
North Carolina Penal Code
New Hanover County Sheriff's Office
Texas Department of Public Safety