Shelby, NC asked in Criminal Law for North Carolina

Q: Can someone be arrested and not have a first appearance or bond in 11 days when arrested for FTA in NC?

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1 Lawyer Answer
Bill Powers
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Bill Powers
Answered
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: Interesting question. Probably need more info to answer.

The idea of a "first appearance" normally applies to new charges, not an Order for Arrest or Order for Forfeiture. Indeed, when missing court in North Carolina, it's not usual for the Judge to change the conditions of release.

Some judges "double the bond" or require a "cash only bond" to make sure the accused comes to court. There are also times when those conditions essentially make it impossible to be released from jail, pending the disposition of the matter.

The Courts are given BROAD discretion in setting and reviewing bonds, especially in making a determination of whether the accused is a danger to the community, likely to commit more crimes, or even unlikely to appear in court.

BEST BET: Retain legal counsel immeidately

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_26.pdf

SEE: NCGA 15A-534 (here in part):

§ 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.

If condition (5) is imposed, the defendant must execute a secured appearance bond under

subdivision (4) of this subsection. If condition (3) is imposed, however, the defendant may elect

to execute an appearance bond under subdivision (4). If the defendant is required to provide

fingerprints pursuant to G.S. 15A-502(a1), (a2), (a4), or (a6), or a DNA sample pursuant to

G.S. 15A-266.3A or G.S. 15A-266.4, and (i) the fingerprints or DNA sample have not yet been

taken or (ii) the defendant has refused to provide the fingerprints or DNA sample, the judicial

official shall make the collection of the fingerprints or DNA sample a condition of pretrial

release. The judicial official may also place restrictions on the travel, associations, conduct, or

place of abode of the defendant as conditions of pretrial release. The judicial official may include

as a condition of pretrial release that the defendant abstain from alcohol consumption, as verified

by the use of a continuous alcohol monitoring system, of a type approved by the Division of

Adult Correction and Juvenile Justice of the Department of Public Safety, and that any violation

of this condition be reported by the monitoring provider to the district attorney.

(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.

Upon making the determination, the judicial official must then impose condition (4) or (5) in

subsection (a) above instead of condition (1), (2), or (3), and must record the reasons for so doing

in writing to the extent provided in the policies or requirements issued by the senior resident

superior court judge pursuant to G.S. 15A-535(a).

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