Bail After An Arrest
G.S. 15A-534 — an unsecured bond or a custody release first, unless the official finds a reason
- An unsecured appearance bond in a set amount.
- Custody of a person or organization that agrees to supervise the defendant.
- A secured appearance bond, by a cash deposit of the full amount, a mortgage, or at least one solvent surety.
- House arrest with electronic monitoring, together with a secured bond.
In North Carolina, the judicial official setting pretrial release imposes at least one of those conditions, and may add limits on travel, associations, conduct or where the defendant lives, or require abstaining from alcohol under continuous monitoring. A written promise to appear is no longer on the list; that condition was repealed effective December 1, 2025.
The unsecured options come first. Except for a defendant charged with a violent offense, the official imposes the unsecured bond or the custody release unless release on those terms will not reasonably assure the defendant's appearance, will pose a danger of injury to anyone, or is likely to lead to destroying evidence or intimidating witnesses. Then the official imposes a secured bond or house arrest instead and records the reasons in writing. Three or more convictions of a Class 1 misdemeanor or higher, in separate sessions of court within the previous 10 years, also require a secured bond or house arrest.
For a violent offense there is a rebuttable presumption that no condition of release will reasonably assure appearance and community safety, and release on a first violent offense takes a secured bond or house arrest. For the most serious crimes the statute lists, among them murder, forcible rape and armed robbery, a judge decides whether the defendant may be released before trial at all.
Sources for this section (2)
- G.S. 15A-534 — Procedure for determining conditions of pretrial release
- G.S. 15A-533 — Right to pretrial release
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.