After an arrest in North Carolina for some minor offenses, like a speeding ticket or possession of marijuana, you may only receive a citation. However, more serious charges may lead to an arrest. If you are arrested, law enforcement will process you, and a magistrate or judge will decide the conditions that must be met before you can be released before trial.

In North Carolina, bond is the amount of money or the set of conditions a court may require before allowing someone to be released before trial. Pretrial detention means the court decides the person must stay in jail while the case moves forward instead of being released.

In 2023, the North Carolina Legislature passed a law called the Pretrial Integrity Act, which took effect on October 1, 2023. This law is now part of North Carolina General Statute § 15A-533. The law changed how pretrial release and bond decisions are handled in many criminal cases.

Under this law, magistrates can set bond in fewer situations than before. In some cases, a person who has been arrested may have to wait up to 48 hours before a judge decides whether bond will be set. The law also changed how courts look at pretrial release in certain cases.

Because these rules can affect whether someone stays in jail after an arrest, it can be very important to speak with a North Carolina criminal defense lawyer. An experienced attorney can explain how the law applies to your case and help protect your rights.

Magistrate’s Authority to Set Bond Reduced

Before this law changed, a magistrate could usually set bond for most serious charges, except for capital crimes such as first-degree murder.

The new law greatly limits when a magistrate can decide the conditions for pretrial release in serious cases. Now, for certain charges, a judge must decide whether the person can be released before trial. The judge will make this decision based on the details of the case and their discretion.

• First- or second-degree murder, or attempting to commit first- or second-degree murder (G.S. 14-17)
• First-degree kidnapping or second-degree kidnapping (G.S. 14-39)
• First-degree forcible rape (G.S. 14-27.21)
• Second-degree forcible rape (G.S. 14-27.22)
• Statutory rape of a child by an adult (G.S. 14-27.23)
• First-degree statutory rape (G.S. 14-27.24)
• Statutory rape of a person age 15 or younger (G.S. 14-27.25)
• First-degree forcible sexual offense (G.S. 14-27.26)
• Second-degree forcible sexual offense (G.S. 14-27.27)
• Statutory sexual offense with a child by an adult (G.S. 14-27.28)
• First-degree statutory sexual offense (G.S. 14-27.29)
• Statutory sexual offense with a person age 15 or younger (G.S. 14-27.30)
• Human trafficking (G.S. 14-43.11)
• Assault with a deadly weapon with intent to kill, causing serious injury (G.S. 14-32(a))
• Shooting a firearm into an occupied building or property (G.S. 14-34.1)
• First-degree burglary (G.S. 14-51)
• First-degree arson (G.S. 14-58)
• Robbery with a firearm or other dangerous weapon (G.S. 14-87)

For charges such as these, a judge, not a magistrate, must decide the conditions of pretrial release. You must wait until you appear in court so that a judge can decide whether you may be released before trial.

Before the new law, there was generally a presumption that defendants in non-capital cases would receive some form of pretrial release under G.S. 15A-534. Before the new law, courts generally presumed that defendants in non-capital cases would receive some form of pretrial release under G.S. 15A-534. This meant the person at least had a chance to be released before trial, even if the bond amount was very high.

Under the new law, a judge may deny pretrial release for the charges listed above. This decision is left to the judge’s discretion, which has changed how pretrial bond works in North Carolina.

North Carolina’s 48-Hour Hold Before a Judge

For less serious charges, a magistrate will usually decide the conditions for pretrial release. In North Carolina, this has been the normal process for many years.

There have only been a few situations where a magistrate could not set these conditions. For example, in domestic violence cases, a district court judge must usually decide the conditions of release. However, if a judge is not available, a magistrate may set the conditions after 48 hours have passed.

This new law greatly increases the number of situations where a person may have to stay in jail for up to 48 hours before a judge decides whether they can be released. The situations include the following:

• If a person is arrested for a new crime while they are already out on pretrial release for another pending case, a judge must usually decide the conditions of release for the new charge. However, there is an exception for certain traffic offenses under Chapter 20 of the North Carolina General Statutes. In those cases, a magistrate may set the conditions of release, except for certain serious offenses such as impaired driving and related charges. A person may be held for up to 48 hours while waiting for a judge to determine the conditions of pretrial release. If a judge has not made that decision within 48 hours after the arrest, a magistrate must then set the conditions of pretrial release under G.S. 15A-534.

In simple terms, if you already have a pending criminal charge and you are out on pretrial release, a judge must now decide your bond if you are arrested again. This rule usually applies to most new charges, except for minor traffic offenses.

For example, if you are arrested for DWI on a Friday night while you are already out on release for another charge, you may have to stay in jail until a judge can review your case. In many situations, this could mean remaining in jail until Sunday night at the earliest.

Caveat: Time of Offense

One important point about this law is that it only applies to crimes that were allegedly committed after October 1, 2023.

If someone is charged with a crime that allegedly happened before October 1, 2023, the new law does not apply, even if the person is already on pretrial release for another case.

Legal Issues

Some people believe this new law was meant to improve public safety, but it may also create legal concerns. One concern is that people may have to stay in jail longer before seeing a judge. In some situations, this could raise constitutional issues under the U.S. Supreme Court case United States v. Salerno, which says that people held before trial must be given certain legal protections.

Another concern may come up in driving while impaired cases. The North Carolina case State v. Knoll says that a person charged with DWI must have a fair chance to gather evidence for their defense. If someone is kept in jail too long, it could interfere with that right.

If a person’s constitutional rights are violated under cases like Salerno or Knoll, it may sometimes be possible to ask the court to dismiss the charges.

This new law may also create problems for the court system. District court judges now have to spend more time deciding bond for people who are being held in jail. In the past, magistrates could often handle these decisions.

Because judges must now spend more time setting bonds, they may have less time to handle other cases scheduled for court. This could slow down the court process and reduce the amount of work the courts are able to complete each day.

Do You Need a North Carolina Criminal Defense Lawyer?

Changes in North Carolina law can affect how long someone stays in jail and how bond is decided after an arrest. Understanding these rules can be very important if you or someone you care about is facing criminal charges.

If you have questions about pretrial release or your rights after an arrest, speak with a North Carolina criminal defense lawyer at Ryan Willis Law. Call (919) 341-6294 or fill out the simple contact form on our website to schedule your private case review.