Pretrial release and secured bonds

The four types of release

North Carolina statute sets out conditions of pretrial release in a specific order, and a judicial official is required to consider them in that order before moving to a more restrictive one:

1. Written promise to appear — released on your signed promise to return to court, no money involved.
2. Unsecured bond — you owe a set amount only if you fail to appear; no money changes hands up front.
3. Custody release — released into the custody of a person or organization who agrees to supervise you.
4. Secured bond — you or someone on your behalf posts cash, property, or a bail bondsman's guarantee for the full amount, which is forfeited if you fail to appear.

For certain more serious charges, or where a judge finds a defendant is a flight risk or danger to a specific person, additional conditions can be layered on top of any of these — such as no contact with a named person, surrender of passport, or electronic monitoring.

What a judge considers

Statute directs the judicial official to weigh the nature of the offense, the weight of the evidence, your family ties and employment, your prior record including any history of failing to appear, and any danger the release conditions might pose to a specific alleged victim or witness.

Asking for conditions to be changed

Either side may ask the court to reconsider release conditions at a later date — often called a bond motion. This can happen if circumstances change, if you believe the original conditions were set too high for the situation, or if the State believes they were set too low. The motion is typically heard by a district or superior court judge, not a magistrate.

If you cannot afford a secured bond

You are not required to remain in custody indefinitely simply because you cannot post a secured bond. You may ask your lawyer, or the court directly if unrepresented, to request a bond reduction hearing, where you can present evidence about your ties to the community and ability to pay.