How does bail work in North Carolina?

1. Constitutional Framework

N.C. Const. art. I, § 27 prohibits excessive bail. § 15A-533 grants right to bail except capital offenses.

2. Cash, Surety, Property, OR Bonds

Section 15A-534 lists four release types: written promise to appear, unsecured bond, custody release (third-party), and secured bond (cash, surety, property).

3. Bail Hearing

Section 15A-511 requires presentation to magistrate "without unnecessary delay" — typically within hours of arrest.

4. Bail Schedules

Local bail policies adopted by senior resident superior court judges set presumptive amounts.

5. Bail Bond Agent / Bondsman

Licensed by NC Department of Insurance under N.C. Gen. Stat. Ch. 58, Art. 71; 15% maximum premium.

6. Conditions

Section 15A-534(a) authorizes electronic monitoring, no-contact, no-firearms, and substance testing.

7. Bail Forfeiture

Section 15A-544.1 et seq. governs forfeiture; 150-day window for surety to produce defendant or contest.

8. Bail Reduction

Section 15A-539 allows modification; § 15A-547 allows judge of higher court to modify.

9. Pretrial Release Programs

Several counties operate pretrial services with supervised release.

This is legal information, not legal advice.