A Greensboro criminal lawyer can help get a loved one out of jail by filing a bond motion, but what are the laws that actually govern how a bond is set and modified in the first place? There are several references to pretrial release procedures, some that are crime-specific, in the North Carolina General Statutes. The main section, however, can be found in N.C.G.S. 15A-534. Subsection (a), reproduced below, covers whether to set a bond at all by requiring that one of the five conditions below that must be imposed.
§ 15A-534. 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 an amount specified by the judicial official. (3) Place the defendant in the custody of a designated person or organization agreeing to supervise him. (4) Require the execution of an appearance bond in a specified amount secured by a cash deposit of the full amount of the bond, by a mortgage pursuant to G.S. 58-74-5, or by at least one solvent surety. (5) House arrest with electronic monitoring.
There is a preferred order that these conditions should be imposed in. A judicial official should not impose a secured bond or house arrest unless the court makes certain findings. Those finds, reproduced below, are located in subsection (b).
The judicial official in granting pretrial release must impose condition (1), (2), or (3) in subsection (a) above unless he determines that such release will not reasonably assure the appearance of the defendant as required; 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.
When determining whether to set a bond, and for how much, a judicial official official is supposed to consider a set of factors, reproduced below, found in subsection (c).
In determining which conditions of release to impose, the judicial official must, on the basis of available information, take into account the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant’s family ties, employment, financial resources, character, and mental condition; whether the defendant is intoxicated to such a degree that he would be endangered by being released without supervision; the length of his residence in the community; his record of convictions; his history of flight to avoid prosecution or failure to appear at court proceedings; and any other evidence relevant to the issue of pretrial release.
A Greensboro criminal lawyer that is interested in getting his or her client out of jail should be prepared to make a showing that the client is neither dangerous nor a flight risk. If you need help with a bond motion, call our office today.