Suggested Bail Bonds (Misdemeanor Cases)Impaired Driving | 3 Years | $1,000-$25,000 |
Class A1 Misdemeanor | 150 Days | $1,000-$20,000 |
Class 1 Misdemeanor | 120 Days | $1,000-$15,000 |
Class 2 Misdemeanor | 60 Days | $1,000- $2,500 |
Class 3 Misdemeanor | 20 Days | $1,000- $1,500 |
A. Special Provisions for Driving While Impaired or Intoxicated Defendants1. Commitments for the intoxicated.A defendant being held for public intoxication must be released as soon as the defendant is able to meet the magistrate's conditions of pretrial release.
2.Detention of Impaired Drivers.The procedures as outlined in G.S. 15A-511 must be followed except as modified by G.S. 15A-534.2, or G.S. 15A-533 if on pretrial release for another charge, as set out below.
A. A defendant subject to detention under the provisions of G. S. 15A-534.2, has the right to pretrial release when the judicial official (magistrate) determines either that: (1) The defendant's physical and mental faculties are no longer impaired to the extent that he presents a danger of physical injury to himself or others or of damage to property if he is released, or(2) a sober, responsible adult is willing and able to assume responsibility for the defendant until his physical and mental faculties are no longer impaired. If the defendant is released to the custody of another, the judicial official may impose any other condition of pretrial release authorized by G. S. 15A-534, including a requirement that the defendant execute a secured appearance bond.B. The defendant may be denied pretrial release under this section for a period of no longer than 24 hours, and if the defendant is detained for 24 hours, a judicial official must immediately determine the appropriate conditions of pretrial release under G. S. 15A-534.C. In making the determination whether a defendant remains impaired, the judicial official may request that the defendant submit to periodic tests to determine the defendant's alcohol concentration. Unless there is evidence that the defendant is still impaired from a combination of alcohol and some other impairing substance, the judicial official must determine that a defendant with an alcohol concentration less than 0.05 is no longer impaired.D.G. S. 15A-534.2 may not be interpreted to impede a defendant's right to communicate with counsel and friends.B.Pretrial Release for Crimes of Domestic Violence or Against Minors.1.Domestic Violence OffensesA. In all cases in which the defendant is charged with assault on or communicating a threat to a spouse or former spouse or a person with whom the defendant lives or has lived as if married, with domestic criminal trespass, or with violation of an order entered pursuant to Chapter SOB, Domestic Violence, of the General Statutes, the following provisions shall apply in addition to the provisions of G. S. 15A-534:(1) Upon a determination by the judicial official that the immediate release of the defendant will pose a danger of injury to the alleged victim or to any other person, or is likely to result in intimidation of the alleged victim, and upon a determination that the execution of an appearance bond as required by G. S. 15A-534 will not reasonably assure that such injury or intimidation will not occur, a judicial official may retain the defendant in custody for a reasonable period of time while determining the conditions of pretrial release.(2) A judicial official may impose the following conditions of pretrial release: (a) That the defendant stay away from the home, school, business, or place of employment of the alleged victim;(b) that the defendant refrain from assaulting, beating, molesting, or wounding the alleged victim;(c) that the defendant refrain from removing, damaging, or injuring specifically identified property; and(d) that the defendant may visit his or her child or children at times and places provided by the terms of any existing order entered by a judge. The conditions set forth above may be imposed in addition to requiring that the defendant execute a secured appearance bond.
B. Should the defendant be an inebriate, mentally ill, or imminently dangerous to himself or others, the provisions of Article 5A of Chapter 122, "Involuntary Commitment", shall apply.C. Effective July 29, 1995, G. S. 15A-534.1 provides that for crimes of domestic violence, "The judicial official who determines the conditions of pretrial release shall be a judge, " and that, " A defendant may be retained in custody not more than 48 hours from the time of arrest without g determination being made under this section by a judge. If a judge has not acted pursuant to this section within 48 hours of arrest, the magistrate shall act under this section ."The cases to which G. S. 15A-534.1 applies are cases in which the defendant is charged with:
Assault, when the victim is a spouse, former spouse, or person with whom the defendant lives or has lived as if married. Communicating threats, when the victim is a spouse, former spouse, or person with whom the defendant lives or has lived as if married. Domestic criminal trespass, or Violation of an order entered pursuant to Chapter SOB, Domestic Violence, of the General Statutes. Under G. S. 15A-534.1, the judge may detain the defendant in custody for a reasonable period of time while determining the conditions of pretrial release upon the judge's determinations:
(1) That the release of the defendant will: (a) Pose a danger of injury to the alleged victim or any other person, or(b) is likely to result in intimidation of the alleged victim, and(2) that the execution of an appearance bond will not reasonably assure that such injury or intimidation will not occur. Under G. S. 15A-534.1, the judge (or after 48 hours, the magistrate) may impose conditions of pretrial release in addition to those otherwise available. These conditions, which may be imposed in addition to a secured appearance bond, may require the defendant to:
(a) Stay away from the alleged victim's home, school, business, or place of employment.(b) Refrain from assaulting, beating, molesting, or wounding the alleged victim.(c) Refrain from removing, damaging, or injuring specifically identified property.(d) Visit his or her children only at the times and places specified in an existing court order.(e) Abstain from alcohol consumption, as verified by the use of a continuous alcohol monitoring system of a type approved by the Division of Community Supervision and Reentry of the Department of Adult Correction, with any violation thereof to be reported by the monitoring provider to the District Attorney. A Defendant charged under 15A-534.1 shall be brought before a judge as soon as practicable.
2. Child VictimsD. Under G.S. 15A-534.4, in all cases in which the defendant is charged with: a. misdemeanor child abuse,b. assault or any other crime of violence against a minor victim,c. communicating a threat against a minor victim, in addition to the provisions of G.S. 15A-534 a judicial official shall impose the following conditions on pretrial release in addition to any other conditions that the judicial official may impose on pretrial release:
(3) That the defendant stay away from the home, temporary residence, school, business, or place of employment of the alleged victim.(4) That the defendant refrain from communicating or attempting to communicate, directly or indirectly, with the victim, except under circumstances specified in an order entered by a judge with knowledge of the pending charges.(3) That the defendant refrain from assaulting, beating, intimidating, stalking, threatening, or harming the alleged victim.Adopted September 25, 2023, effective 10/1/2023.