Difference Between Bond And Bail In North Carolina
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Criminal History: If the person arrested has a record, especially for similar offenses, the judge might set a higher bail. If it's their first time, they could get a lower amount. Flight Risk: Judges look at whether the person is likely to skip town and avoid trial.
The Pretrial Integrity Act has changed how pretrial release works in North Carolina. If you're arrested for a serious felony, or if you already have pending charges, a judge must now set your bond. This means you might have to wait longer in custody before you can be released.
You will need to draft a motion to set or reduce bond. You will need to request a hearing date and you will need to serve a copy of the motion on the prosecutor. Your girlfriend will need to sign the motion if she does not have an attorney. You may take it to the Clerk of Court and file the motion.
A bond cannot be reduced if the prosecutor is not willing and the judge rules in their favor. However, without an attorney now, she can submit a request to the judge. It is called A Motion to Request Reduced Bond. If she is on her own, she can just write it in letter form.
In short, this act greatly decreases the amount of cases for which a magistrate can set bond, and increases the amount of cases for which an accused person could find themselves in jail for up to 48 hours.
In North Carolina, individuals charged with misdemeanor or felony domestic violence can be held without bond for 48 hours. The same is true for people who violate protection orders or are charged with domestic criminal trespassing.
