When a person has been arrested for an alleged crime of domestic violence in North Carolina, they may be held without bail for up to 48 hours. Under state law, only a judge can set the conditions of an alleged offender’s release, but a magistrate can be authorized to set bond when a judge has not acted according to North Carolina General Statute § 15A-534.1.
If you or your loved one has been arrested for any domestic violence offense in the greater Shelby area, contact a North Carolina criminal defense attorney for help getting release as soon as possible. You do not have to be held for 48 hours when there is a judge available to review your case.
Teddy, Meekins & Talbert, P.L.L.C., has two Board Certified Specialists in criminal law. You can have us discuss your rights with you when you call us or contact us online to schedule a free consultation.
What Happens When You Get a Domestic Violence Charge in NC?
North Carolina General Statute § 15A-534.1 establishes the criminal charges of assault, stalking, threatening, or committing any felony listed in Articles 7B, 8, 10, or 15 of Chapter 14 of the North Carolina General Statutes.
These acts can be committed upon a spouse, a former spouse, a person with whom the alleged offender lives or has lived with. It can also include a person with whom the alleged offender is or has been in a dating relationship.
A person could also be charged if they are arrested for domestic criminal trespass, or if their actions are in violation of a protective order. Most arrests result in alleged offenders being detained in the county jail.
An alleged offender will eventually get to appear before a judge who then sets the bond for the alleged offender’s release. You need an attorney who can argue for the most affordable bond possible in your case.
Bond for Domestic Violence Charges in North Carolina
When a judge sets a bond, a person’s bail could be paid in multiple ways. When an alleged offender is granted release on their own recognizance, they pay nothing and sign an agreement to appear in court again.
A cash bond is an amount that an alleged offender must pay to be released. An unsecured bond means that the amount does not have to be paid but will be entered against the alleged offender if they fail to appear in court. A secured bond will mean the alleged offender must secure a release by paying a portion of the bond (usually 10 percent) to a bail bondsman or bonding company.
A judge conditions on pretrial release ordering an alleged offender to stay away from the alleged victim’s home, school, business, or workplace. They must also refrain from assaulting, beating, molesting, or wounding the alleged victim, refrain from removing, damaging or injuring specifically identified property, be allowed to visit their child or children at times and places provided by the terms of any existing order, and abstain from alcohol consumption, verified by the use of a continuous alcohol monitoring system.
These conditions can be imposed in addition to the requirement that an alleged offender execute a secured appearance bond.
How Long Does a Judge Have to Set a Pre-Trial Release?
Under North Carolina General Statute § 15A-534.1, the judicial official who determines the conditions of pretrial release must be a judge. A judge cannot unreasonably delay the determination of conditions of pretrial release to review the defendant’s criminal history report.
A person can be held without bond for only up to 48 hours. If 48 hours have passed without a judicial determination in accordance with the statute, a magistrate will be authorized to determine the conditions of release.
How Can a Lawyer Help Me?
Were you arrested for an alleged crime of domestic violence in Shelby or a surrounding area of North Carolina? The criminal defense attorneys of Teddy, Meekins & Talbert, P.L.L.C., are here to advise and protect you from the charges you face. We can be reached online through our contact form or by phone. Our team is available to you, day or night.
As a native of Rutherford County, North Carolina, Allison B. Garren has followed the road less traveled and it has made all the difference. Ms. Garren’s journey has helped to develop her passion for serving others, fighting against injustice and her drive to make a difference in the lives of people from all walks of life.