Bonds and pre-trial release is one of the most important parts of the criminal process.
A judicial official must impose at least one of the conditions set out in N.C.G.S. 15A-534. These include (1) a written promise to appear, (2) a custody release, (3) an unsecured bond, (4) a secured bond (backed by a cash deposit in the full amount, a mortgage, or at least one solvent surety), and (5) house arrest with electronic monitoring. Multiple conditions may be imposed. A defendant who is required to provide fingerprints or a DNA sample and has not, will be required to provide such prior to release.
As a general rule, all defendants are entitled to conditions of release. The exceptions to this general rule are essential to understand the complexities of a defendant’s rights and restrictions after arrest.
No right to pretrial release exists for fugitives facing death or life imprisonment, or fugitives under a Governor’s warrant. Similarly, there is no right to release for defendants facing criminal charges who were involuntarily committed, charged with a violation of a health control measure, military deserters, parole or postrelease supervision violators, and probation violators with pending felony charges or convictions requiring sex offender registration, or those charged with a capital offense. Pretrial release conditions may be denied for methamphetamine offenses, drug trafficking offenses, and gang offenses.
Special attention should be given to a few specific charges, that will be explored in part two of this post.
- Continuing Legal Education Instructor of the Year, North Carolina Bar Association
- Former President, Greensboro Criminal Defense Lawyers Association
- Board Member, Criminal Justice Section, North Carolina Bar Association
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Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.