§ 15A-537 – Persons authorized to effect release.
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.
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.
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.
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.
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.
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.
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 […]
§ 15A-544.1 – Forfeiture jurisdiction.
15A-544.1. Forfeiture jurisdiction. By executing a bail bond the defendant and each surety submit to the jurisdiction of the court and irrevocably consent to be bound by any notice given in compliance with this Part. The liability of the defendant and each surety may be enforced as provided in this Part, without the necessity of […]
§ 15A-544.2 – Identifying information on bond.
15A-544.2. Identifying information on bond. (a) The following information shall be entered on each bail bond executed under Part 1 of this Article: (1) The name and mailing address of the defendant. (2) The name and mailing address of any accommodation bondsman executing the bond as surety. (3) The name and license number of any […]
§ 15A-534.5 – Detention to protect public health.
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 […]