15A-531. Definitions. As used in this Article the following definitions apply unless the context clearly requires otherwise: (1) "Accommodation bondsman" means a natural person who has reached the age of 18 years and is a bona fide resident of this State and who, aside from love and affection and release of the person concerned, receives […]
15A-532. Persons authorized to determine conditions for release. Judicial officials may determine conditions for release of persons in proceedings over which they are presiding, in accordance with this Article. (1973, c. 1286, s. 1; 1993, c. 30, s. 1; 2021-47, s. 10(f).)
15A-533. Right to pretrial release in capital and noncapital cases. (a) A defendant charged with any crime, whether capital or noncapital, who is alleged to have committed this crime while still residing in or subsequent to his escape or during an unauthorized absence from involuntary commitment in a mental health facility designated or licensed by […]
15A-534. (Effective until January 1, 2023) Procedure for determining conditions of pretrial release. (a) In determining conditions of pretrial release a judicial official must impose at least one of the following conditions: (1) Release the defendant on his written promise to appear. (2) Release the defendant upon his execution of an unsecured appearance bond in […]
15A-534.1. (Effective until January 1, 2023) Crimes of domestic violence; bail and pretrial release. (a) In all cases in which the defendant is charged with assault on, stalking, communicating a threat to, or committing a felony provided in Articles 7B, 8, 10, or 15 of Chapter 14 of the General Statutes upon a spouse or […]
15A-534.2. Detention of impaired drivers. (a) A judicial official conducting an initial appearance for an offense involving impaired driving, as defined in G.S. 20-4.01(24a), must follow the procedure in G.S. 15A-511 except as modified by this section. This section may not be interpreted to impede a defendant’s right to communicate with counsel and friends. (b) […]
15A-534.3. Detention for communicable diseases. If a judicial official conducting an initial appearance or first appearance hearing finds probable cause that an individual had a nonsexual exposure to the defendant in a manner that poses a significant risk of transmission of the AIDS virus or Hepatitis B by such defendant, the judicial official shall order […]
15A-534.4. Sex offenses and crimes of violence against child victims: bail and pretrial release. (a) In all cases in which the defendant is charged with felonious or misdemeanor child abuse, with taking indecent liberties with a minor in violation of G.S. 14-202.1, with rape or any other sex offense in violation of Article 7B, Chapter […]
15A-534.5. Detention to protect public health. If a judicial official conducting an initial appearance finds by clear and convincing evidence that a person arrested for violation of an order limiting freedom of movement or access issued pursuant to G.S. 130A-475 or G.S. 130A-145 poses a threat to the health and safety of others, the judicial […]
15A-534.6. Bail in cases of manufacture of methamphetamine. In all cases in which the defendant is charged with any violation of G.S. 90-95(b)(1a) or G.S. 90-95(d1)(2)b., in determining bond and other conditions of release, the magistrate, judge, or court shall consider any evidence that the person is in any manner dependent upon methamphetamine or has […]
15A-534.7. Communicating a threat of mass violence; bail and pretrial release. (a) In all cases in which the defendant is charged with communicating a threat of mass violence on educational property in violation of G.S. 14-277.6 or communicating a threat of mass violence at a place of religious worship in violation of G.S. 14-277.7, except […]
15A-535. Issuance of policies on pretrial release. (a) Subject to the provisions of this Article, the senior resident superior court judge for each district or set of districts as defined in G.S. 7A-41.1(a) in consultation with the chief district court judge or judges of all the district court districts in which are located any of […]
15A-536. Release after conviction in the superior court. (a) A defendant whose guilt has been established in the superior court and is either awaiting sentence or has filed an appeal from the judgment entered may be ordered released upon conditions in accordance with the provisions of this Article. (b) If release is ordered, the judge […]
15A-537. Persons authorized to effect release. (a) Following any authorization of release of any person in accordance with the provisions of this Article, any judicial official must effect the release of that person upon satisfying himself that the conditions of release have been met. In the absence of a judicial official, any law-enforcement officer or […]
15A-538. Modification of order on motion of person detained; substitution of surety. (a) A person who is detained or objects to the conditions required for his release which were imposed or allowed to stand by order of a district court judge may apply in writing to a superior court judge to modify the order. (b) […]
15A-539. Modification upon motion of prosecutor. (a) A prosecutor may at any time apply to an appropriate district court judge or superior court judge for modification or revocation of an order of release under this Article. (b) A district or superior court judge may, upon motion of the State or upon the judge’s own motion, […]
15A-540. Surrender of a defendant by a surety; setting new conditions of release. (a) Going Off the Bond Before Breach. – Before there has been a breach of the conditions of a bail bond, the surety may surrender the defendant as provided in G.S. 58-71-20. Upon application by the surety after such surrender, the clerk […]
15A-541. Persons prohibited from becoming surety. (a) No sheriff, deputy sheriff, other law-enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, assistant jailer, employee of the General Court of Justice, other public employee assigned to duties relating to the administration of criminal justice, or spouse of any such person may in any case become […]
15A-542. False qualification by surety. (a) No person may sign an appearance bond as surety knowing or having reason to know that he does not own sufficient property over and above his exemption allowed by law to enable him to pay the bond should it be ordered forfeited. (b) A violation of this section is […]
15A-543. Penalties for failure to appear. (a) In addition to forfeiture imposed under Part 2 of this Article, any person released pursuant to this Article who willfully fails to appear before any court or judicial official as required is subject to the criminal penalties set out in this section. (b) A violation of this section […]
