Violent-Offense Bond Rules in North Carolina

North Carolina law creates a rebuttable presumption that no release condition will reasonably assure the defendant\u2019s appearance and the safety of the community when the defendant is charged with a violent offense. This does not mean release is automatically or permanently prohibited. The judicial official decides whether pretrial release is appropriate.

If release is authorized:

• A first violent offense requires a secured appearance bond or house arrest with electronic monitoring and a secured appearance bond
• A qualifying second or subsequent violent offense requires house arrest with electronic monitoring, when available, along with the secured appearance bond
• The release order must include written findings explaining why the imposed conditions are appropriate

A commercial bondsman becomes relevant only after:

• Release has been authorized
• A secured bond has been set
• All monitoring and other conditions can be satisfied
• No unresolved no-release entry or hold prevents release
• The commercial bond application is approved

• Defendant’s full legal name
• Date of birth
• Booking or inmate number
• Court file or case number
• Exact wording of every charge
• Statute number for every charge, when shown
• Felony or misdemeanor class shown
• Current custody location
• Current AOC-CR-200 release order
• Whether Finding 7 is checked
• Whether Finding 8 is checked
• Every bond amount
• Every bond type or release condition
• Whether release is currently authorized
• Whether house arrest with electronic monitoring is ordered
• Monitoring-provider or setup information, when available
• Whether a secured bond is also required
• Whether the record shows a prior violent-offense conviction
• Whether the defendant was already on pretrial release for a violent offense
• Domestic-violence findings
• New-offense-while-on-release information
• Failure-to-appear entries
• Probation, parole, other counties, or agency holds
• Caller and potential cosigner information

The complete current definition in G.S. 15A-531 includes several categories:

• Any Class A through G felony having assault, physical force against a person, or threatened physical force against a person as an essential element
• Felony offenses requiring registration under Article 27A of Chapter 14
• Offenses listed in G.S. 15A-533(b), including the offenses identified by the current statute
• Additional offenses specifically listed in G.S. 15A-531
• Attempts to commit offenses covered by the definition

Under G.S. 15A-534(b1)(1), when a defendant is charged with a first violent offense:

• There is a rebuttable presumption that no condition of release will reasonably assure appearance and community safety
• The judicial official determines whether release is appropriate
• If release is authorized, the judicial official must impose either a secured appearance bond or house arrest with electronic monitoring and a secured appearance bond
• Additional restrictions may also be imposed
• Written findings explaining why the selected conditions are appropriate must be included in the release order

Under G.S. 15A-534(b1)(2), a second or subsequent violent-offense situation involves a new violent-offense charge after the defendant:

• Was convicted of a prior violent offense, or
• Was released on pretrial-release conditions for a prior violent offense

If the judicial official authorizes release:

• House arrest with electronic monitoring must be imposed when available
• A secured appearance bond is also required because electronic monitoring under condition (5) includes a secured bond
• Additional restrictions may be imposed
• Written findings are required

The statute begins with a presumption that no release condition will reasonably assure both the defendant\u2019s appearance and community safety. The presumption can be overcome only through the judicial process.

• It is not the same as an automatic permanent no-bond order
• It does not guarantee release
• It does not guarantee detention
• The judicial official evaluates the available information
• The bondsman cannot rebut the presumption
• Payment, collateral, or a willing cosigner does not itself determine whether release is appropriate
• A criminal defense attorney may address legal arguments concerning release
• The operative release order controls whether a bond may be posted

Both Parts May Need to Be Completed

Paying a premium or posting the secured bond does not satisfy an unresolved electronic-monitoring requirement. Both the commercial bond and the monitoring arrangement must be completed before the detention facility can release the defendant.

• The release order identifies the required condition
• Monitoring is administered through the applicable approved agency or provider
• Wake County’s current implementation and provider process must be verified
• The defendant may be responsible for monitoring costs as provided by current law
• The bondsman does not control appointment availability, equipment installation, monitoring rules, or provider fees
• The detention facility may not release the defendant until the required arrangements are confirmed
• The family should not purchase or arrange a private tracking device on its own

Under G.S. 15A-534(d), when release is authorized for a defendant charged with a violent offense, the judicial official must make written findings explaining why the conditions are appropriate by applying the statutory release factors.

The judicial official considers available information such as:

• Nature and circumstances of the alleged offense
• Available criminal-history information
• Weight of the evidence
• Family ties
• Employment
• Financial resources
• Character
• Housing situation
• Mental condition
• Length of residence in the community
• Prior flight or failures to appear
• Other information relevant to release

One case can involve several separate release statutes. Posting the secured bond for one charge may not produce release while another condition remains unresolved.

G.S. 15A-534.9 currently applies to the specific public-officer threat offenses identified in that statute.

• It does not automatically apply to every assault-on-an-officer charge
• A judge determines release conditions in the covered cases
• The current AOC-CR-664 form supports the applicable release determination
• Stay-away and no-threat conditions may be imposed
• A magistrate acts if a judge has not acted within the statutory time
• The exact charge and statute must be verified

For more information, see the officer-assault charge and release information.

The normal post-FTA minimum rules in G.S. 15A-534(d1) expressly exclude defendants charged with a violent offense.

• A violent-offense case should not automatically use the ordinary nonviolent FTA doubling formula
• The violent-offense release provisions and current operative order must be reviewed
• The record may still show an Order for Arrest, repeated FTA, or forfeiture
• A bondsman cannot calculate the new release conditions
• Every current order and hold must be verified

For more information, see what happens after missing court.

Verify Every Line Before Paying or Signing

Posting one secured bond may not result in release when another condition, bond, review, or hold remains unresolved.

• The commercial premium is separate from monitoring costs
• Payment arrangements do not change the court-ordered bond
• A large or high-risk bond may require stronger cosigners or collateral
• Collateral is not automatically required for every violent-offense bond
• Monitoring does not replace the secured bond
• Posting the secured bond does not replace monitoring
• Approval remains case-specific

• Confirm the defendant’s full legal name
• Copy every charge and statute number
• Record the felony or misdemeanor class of every charge
• Obtain the current release order
• Check whether Finding 7 or Finding 8 is marked
• Confirm whether release is authorized
• Record every secured-bond amount
• Check whether electronic monitoring or house arrest is required
• Confirm whether monitoring has been arranged
• Check for domestic, firearm, FTA, probation, or new-offense findings
• Identify all outside warrants and holds
• Avoid discussing alleged facts publicly
• Do not contact alleged victims, witnesses, or officers for the defendant
• Contact qualified criminal defense counsel about the release decision and criminal charge
• Contact a licensed bondsman once an eligible secured bond is authorized
• Prepare complete cosigner, identification, employment, and residence information

• Read every release condition
• Confirm the next court date through an official source
• Follow all house-arrest and monitoring rules
• Charge and maintain monitoring equipment as instructed
• Follow all movement and schedule restrictions
• Follow no-contact and stay-away conditions
• Follow firearm, alcohol, controlled-substance, residence, and travel restrictions
• Keep address and telephone information current
• Notify the attorney and bondsman of changes
• Do not tamper with monitoring equipment
• Do not assume a condition has changed without a new court order
• Attend every required court appearance