Bond Hearings and Bond Motions in Greensboro, NC
North Carolina bail law changed on 1 December 2025. The written promise to appear was repealed, and any charge that counts as a "violent offense" now carries a presumption against release. What the magistrate set at 2am is not the last word, and a judge can change it.
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Condition (1), the written promise to appear, is gone. G.S. 15A-534(a) was amended by S.L. 2025-93 and the first option was repealed effective 1 December 2025. Four conditions remain, and the lowest of them is now an unsecured bond.
A "violent offense" now carries a presumption against release. Under G.S. 15A-534(b1) there is a rebuttable presumption that no condition of release will reasonably assure your appearance and the safety of the community. If the judge does release you, a first violent offense requires a secured bond or house arrest. House arrest with electronic monitoring becomes mandatory, where available, only on a second or subsequent violent offense after either a conviction for a prior violent offense or a release on pretrial conditions for one.
For everything else the default runs the other way. Subsection (b) says that except for a violent offense, the official must impose an unsecured bond or custody release unless he makes one of three specific findings. A secured bond set without those findings is the thing a motion attacks.
- The four conditions that still exist
- What counts as a violent offense
- The default rule, and the findings needed to get past it
- No bond, and who can lift it
- How a bond motion actually works
- First appearance and the clock
- How to choose a bond lawyer in Greensboro
- Your attorney
- What clients say
- Where we practice
- Questions people ask
The four conditions that still exist
| Condition | What it means | Who gets it |
|---|---|---|
| (1) Written promise | You signed and walked out. Repealed by S.L. 2025-93 effective 1 December 2025. | No longer available |
| (2) Unsecured bond | You sign for an amount but post nothing. You owe it only if you fail to appear. | The default for a non-violent offense |
| (3) Custody release | Released to a named person or organization who agrees to supervise you. | The other default. You may elect a secured bond instead. |
| (4) Secured bond | Cash for the full amount, a mortgage under G.S. 58-74-5, or at least one solvent surety. | Required if the judge makes specific findings, or for a first violent offense |
| (5) House arrest with EM | Home except for work, counseling, study or vocational training, with a monitor. A secured bond under (4) is also required. | Second or subsequent violent offense after a prior conviction or pretrial release for one, if available |
Two details inside the statute get missed. If the judge imposes condition (3), custody release, you may elect a secured bond instead, which matters when no one is willing to sign as your custodian. And if the judge imposes condition (5), house arrest, a secured bond under (4) is required on top of it. House arrest is not a cheaper alternative to a bond.
What counts as a violent offense
This is now the single most important question in a Greensboro bond hearing, and the definition in G.S. 15A-531(9) was rewritten by S.L. 2025-93. A violent offense is:
- Any Class A through G felony that has assault, the use of physical force against a person, or the threat of physical force against a person as an essential element.
- Any felony requiring sex offender registration under Article 27A of Chapter 14, whether or not the person is currently required to register.
- Murder under G.S. 14-17, and every other offense listed in G.S. 15A-533(b).
- A specific list: G.S. 14-18.4, G.S. 14-34.1, G.S. 14-51, 14-54(a1), G.S. 14-202.1, G.S. 14-277.3A, G.S. 14-415.1, and a G.S. 90-95(h)(4c) offense that involves fentanyl.
- An attempt to commit any of those.
The threat limb is where ordinary cases land unexpectedly. So does the registration limb, which captures a charge whether or not anyone is on the registry today. Whether your charge actually meets the definition is an argument, and it is usually the first one worth making.
The default rule, and the findings needed to get past it
For a charge that is not a violent offense, G.S. 15A-534(b) says the official must impose condition (2) or (3) unless he determines that release:
- will not reasonably assure your appearance as required; or
- will pose a danger of injury to any person; or
- is likely to result in destruction of evidence, subornation of perjury, or intimidation of potential witnesses.
If he makes one of those determinations he must impose a secured bond or house arrest instead, and record the reasons in writing to the extent the senior resident superior court judge’s policy requires. Written findings are also mandatory under G.S. 15A-534(d) for anyone charged with a violent offense and for anyone with three or more qualifying convictions.
Three further rules sit alongside the default. Note that the first two of them open with the words “Except for a defendant charged with a violent offense”, so they do not apply to that category at all, where the presumption in (b1) is already doing the work:
- Three prior convictions. Three or more offenses in separate sessions of court, each a Class 1 misdemeanor or higher, within the previous 10 years, and a secured bond or house arrest becomes mandatory.
- A prior failure to appear (non-violent offenses only). Under G.S. 15A-534(d1) the official imposes at minimum whatever the order for arrest recommended, and if it recommended nothing, a secured bond of at least double the most recent bond, or at least $1,000 if there was none.
- A felony while on probation (non-violent offenses only). Under G.S. 15A-534(d2) the official must decide in writing whether you are a danger to the public. If there is not enough information to decide, you are held until the determination is made, with a first appearance set within 72 hours, or 96 if the courthouse has been closed longer than that.
A charge picked up while already on pretrial release has its own consequence: under G.S. 15A-533(h) the conditions must be set by a judge rather than a magistrate, with a criminal history report and a risk assessment where one is available.
What was actually set, and on what finding?
Read us the release order. If it imposes a secured bond with no written reason on a charge that is not a violent offense, that is the beginning of a motion.
Call (336) 379-0539Free consultation, answered 24/7No bond, and who can lift it
“No bond” usually means one of two things, and they are not the same problem.
A judge’s discretion under G.S. 15A-533(b). For 18 listed offenses, including first and second degree murder and attempts, forcible and statutory rape and sex offenses, assault with a deadly weapon with intent to kill inflicting serious injury, discharging a firearm into occupied property, kidnapping, human trafficking, first degree burglary, first degree arson and armed robbery, a judge decides in his discretion whether you may be released at all. There is a rebuttable presumption against release. Only a judge can act, which is why a magistrate tells you there is nothing he can do.
A statutory presumption. G.S. 15A-533(d) builds one for drug trafficking, but it requires all three findings: reasonable cause on a trafficking offense, committed while on pretrial release for another offense, and a prior Class A through E felony or trafficking conviction within five years. Subsections (e) and (f) do the same for gang offenses and for firearm offenses. If one of the three findings is missing, the presumption does not apply, and that is a point worth checking rather than assuming.
Where a presumption under (d), (e) or (f) does apply, G.S. 15A-533(g) says release can come only from a district or superior court judge, on a finding of reasonable assurance of appearance and no unreasonable risk of harm to the community.
Domestic violence has its own clock. Under G.S. 15A-534.1 a defendant may be held no more than 48 hours from arrest without a judge making the determination, and if no judge has acted by then the magistrate must.
How a bond motion actually works
Asking the right official is half of it. G.S. 15A-534(e) sets out who holds the power at each stage:
- Before first appearance, a magistrate or clerk may modify his own order at any time.
- At or after first appearance, a district court judge may modify the magistrate’s order or his own.
- Once the case is in superior court, a superior court judge may modify any of them.
The substance is G.S. 15A-534(c), which lists what the court must consider: the nature and circumstances of the offense, the weight of the evidence, your family ties, employment, financial resources, character, housing situation and mental condition, the length of your residence in the community, your history of flight or failure to appear, and any other relevant evidence. Since 2025 the official must also direct that a criminal history report be produced and must consider it.
Every one of those is a document. A letter from an employer, a lease, a treatment intake, a list of court dates you did attend. Under G.S. 15A-534(g) the court is not strictly bound by the rules of evidence at this stage, so material comes in that would never reach a jury. That is the leverage, and it is the part that gets prepared rather than argued.
One thing to expect from the other side: under G.S. 15A-539(b) the State may ask the court to hold a hearing into the source of the money being posted, and the court can refuse it. The State carries the burden by a preponderance, but the question is worth answering before it is asked.
First appearance and the clock
G.S. 15A-601(c) requires a first appearance before a district court judge within 72 hours of being taken into custody, or at the first regular session of district court in the county, whichever comes first. If the courthouse has been closed for longer than 72 hours, the window is 96. If a judge is not available, the clerk may conduct it, and a magistrate may if the clerk is not.
Practically: a Friday night arrest in Guilford County usually means Monday. The work that makes a difference on Monday happens over the weekend, which is why the phone is answered at 3am.
Related: criminal defense · orders for arrest · probation violations · felony charges · drug trafficking
How to choose a bond lawyer in Greensboro
Under Rule 7.1 of the North Carolina Rules of Professional Conduct a lawyer may
not make a false or misleading communication about their services, and an
unverifiable claim to be the best is the standard example. A firm that advertises
that way is telling you something about how it reads its own rules.
So judge on answers instead. Every question below has an exact answer. A firm
that handles these cases every week will give you one on the phone, for free, in
a few minutes. A firm that gives you a brochure answer is telling you something too.
- Is my charge a “violent offense” under the 2025 definition?
It decides everything. A violent offense carries a presumption against release and rules out an unsecured bond. The definition in G.S. 15A-531(9) was rewritten in 2025 and it is broader than the words suggest. - Which of the four conditions am I on, and which should I be on?
The written promise to appear was repealed on 1 December 2025. Four conditions remain. A firm should be able to name the one you are on and the one it is going to ask for. - Who has the power to change it?
A magistrate or clerk can modify before first appearance. After that it is the district court judge, and once the case is in superior court, a superior court judge. Asking the wrong official wastes a week. - What will you put in front of the judge?
The statute lists the factors: employment, housing, family ties, length of residence, record, history of appearing. Those are documents, and someone has to gather them. - What is the fee for the motion itself?
A bond motion is often quoted separately from the case. Ask for both numbers.
Ask us the same questions. (336) 379-0539.
Your attorney
Jason Aycoth
Bond Motions · Pretrial Release · Guilford County
Jason handles criminal cases in state and federal court across North Carolina. He has served as Editor of the True Bill and was Commencement Speaker at Elon Law School's graduation.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
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Where we practice
Our office is two minutes from the Guilford County Courthouse.
Guilford County: Greensboro · High Point · Jamestown · Gibsonville · Summerfield · Oak Ridge · Pleasant Garden · Stokesdale · Whitsett · McLeansville · Sedalia
Also serving: Randolph, Forsyth, Alamance, Rockingham and Davidson Counties
Questions people ask
Can I still be released on a written promise to appear in North Carolina?
No. Condition (1) of G.S. 15A-534(a), the written promise to appear, was repealed by S.L. 2025-93 effective 1 December 2025 and applies to anyone appearing before a judicial official on or after that date. The lowest remaining condition is an unsecured appearance bond, which you sign for but do not post.
What is the difference between a secured and an unsecured bond?
An unsecured bond means you sign for an amount and post nothing, and you owe it only if you fail to appear. A secured bond must be covered up front, by cash for the full amount, by a mortgage under G.S. 58-74-5, or by at least one solvent surety, which is what a bondsman provides for a non-refundable fee.
Why was my bond set so high?
Usually one of four reasons: the charge is a violent offense under G.S. 15A-531(9), which carries a presumption against release; there are three or more qualifying convictions in the last 10 years; there is a prior failure to appear, which on a non-violent charge can require double the previous bond under subsection (d1); or the official made one of the three findings in subsection (b). Which one it was is on the release order, and it determines what the motion argues.
Can a bond be lowered after the magistrate sets it?
Yes. A magistrate or clerk can modify his own order before first appearance. At or after first appearance a district court judge can modify it, and once the case reaches superior court a superior court judge can. Going to the right official at the right stage is half of getting it done quickly.
What does "no bond" mean?
Usually that the charge is one of the 18 offenses in G.S. 15A-533(b), where a judge decides in his discretion whether release is permitted at all and a presumption runs against it, or that a presumption under subsection (d), (e) or (f) applies. In those situations only a district or superior court judge can authorize release, which is why a magistrate says there is nothing he can do.
How soon will there be a hearing?
G.S. 15A-601 requires a first appearance before a district court judge within 72 hours of being taken into custody, or at the first regular district court session in the county, whichever is first. The window is 96 hours if the courthouse has been closed longer than 72. A Friday arrest in Guilford County usually means Monday.
What should I bring to a bond hearing?
Whatever proves the factors in G.S. 15A-534(c): proof of employment, a lease or mortgage showing where you live, how long you have lived in the county, family in the area, any treatment enrollment, and a record of court dates you did attend. The rules of evidence are relaxed at this stage under subsection (g), so documents the court could never see at trial come in here.
Does it matter that I was already on pretrial release?
Yes, in two ways. Under G.S. 15A-533(h) the conditions must be set by a judge rather than a magistrate, with a criminal history report. And under G.S. 15A-534(d3) the official may require a secured bond of at least double the most recent previous bond, or at least $1,000 if there was none.
Is a bondsman's fee refundable?
No. A surety's fee is the price of the surety's promise and is not returned when the case ends, whatever the outcome. A cash bond posted directly with the clerk is a different thing and is returnable at the end of the case. Which route makes sense depends on the amount and on how long the case is likely to run.
Talk to a Greensboro bond lawyer now
Answered live, any hour. Have the name, the charge and the bond amount ready.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539 · answered live, 24 hours
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This page explains North Carolina law in general terms as of October 2026. It is not legal advice about your case, and penalties and statutes change. Figures come from N.C.G.S. Chapter 15A, Article 26, as amended by S.L. 2025-93.