Pfafftown, NC asked in Criminal Law for North Carolina

Q: What does a BOND MOTION 15A-951 charge mean?

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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: Not sure I understand the question. Chapter 15A-951 normally refers to a general Motions practice and how they're filed. One would necessarily want some more information re: who filed the motion and for what purpose.

See: https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-951.pdf

See also info on the Initial Appearance: https://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-511.pdf

(a) Commitment. – Every person charged with a crime and held in custody who has not

been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order

of the judicial official who conducted the initial appearance as provided in Article 24 to an

appropriate detention facility as provided in this section

§ 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 the Department of Health and Human Services, and whose commitment is

determined to be still valid by the judge or judicial officer authorized to determine pretrial

release to be valid, has no right to pretrial release. In lieu of pretrial release, however, the

individual shall be returned to the treatment facility in which he was residing at the time of the

alleged crime or from which he escaped or absented himself for continuation of his treatment

pending the additional proceedings on the criminal offense.

For example, the STATE may file a Motion to Review the terms and conditions of release if they believe the original bond to be inadequate. We see those in very serious charges and/or when client pick up new criminal charges in NC.

Defense lawyers may file for a Bond Hearing (although some hearings are set automatically as a matter of right), when a client is in jail for a protracted period of time and the current conditions of release are such that a "bond reduction" may be legally appropriate.

Frankly, it's a bit complicated and a LOT depends on normal practices in the particular jurisdiction.

BEST BET: Retain an experienced NC criminal defense lawyer for legal representation. Many, if not most, criminal defense attorneys provide a free consultation.

That means it doesn't cost anything to call, ask some questions, and figure out what you'd like to do.

Best of luck!

Bill Powers

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