Several special rules regarding bonds must be
Pretrial release conditions for domestic violence charges are often referred to as the “forty-eight-hour-rule.” The name is an misnomer. A defendant is not automatically held for forty-eight hours, but rather, the conditions of pretrial release may only be set by a judge, and not a magistrate. If the defendant is not brought before a judge within forty-eight hours, then a magistrate must set conditions.
Offenses involving a child victim require additional restrictions that must be imposed. These include staying away from the victim and all places of residence or presence, no contact, and no harm.
Firearm charges trigger a rebuttable presumption against release. The presumption is triggered when charged with a firearm offense, either a felony or a class A1 misdemeanor, and the defendant was on pretrial release for another firearm felony or A1 misdemeanor, or was previously convicted of a felony or class A1 misdemeanor firearm offense within the previous 5 years. If these conditions exist, then only a judge may set conditions of release, and, in accordance with 15A-533(g), may only set conditions after determining that there is a “reasonable assurance that the person will appear and release does not pose an unreasonable risk of harm to the community.” In other words, “no bond” is authorized.
Bonds set after a defendant has failed to appear must impose, at a minimum, any conditions previously recommended in any other order for arrest. If no previous conditions, the bond should either be doubled, or set as a secured bond of at least $1000.
New charges that occur when a defendant is already on pretrial release require a secured bond at least double the amount of the most recent previous secured or unsecured bond. If there was no bond required for the previous charges, the bond should be set at at least $1000.