My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
AG 1999 01 19
CabarrusCountyDocuments
>
Public Meetings
>
Agendas
>
BOC
>
1999
>
AG 1999 01 19
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
3/25/2002 5:56:56 PM
Creation date
11/27/2017 11:48:25 AM
Metadata
Fields
Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
1/19/1999
Board
Board of Commissioners
Meeting Type
Regular
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
331
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
· The defendant is released under the supervision of a person or pretrial services <br /> program;*** <br />· The magistrate sets a bond amount and the defendant is allowed to post an unsecured <br /> bond, which is an agreement to pay the specified sum if the defendant fails to appear <br /> in court; <br />· The magistrate sets a bond amount and the defendant is required to post a bond <br /> secured by a cash deposit, mortgage of property, or bondsman. If the defendant <br /> cannot post bail, the defendant remains in custody in the jail pending further court <br /> action. <br />*** There is no pretrial services program in Cabarrus County. <br /> <br />If the magistrate authorizes a written promise to appear, release to a supervising person or <br />agency, or an unsecured bond, s/he may also place restrictions on the defendant's travel, <br />place of residence, associations and conduct. Under North Carolina law, the magistrate <br />may use secured bond only as a last resort. <br /> <br />In determining which conditions of pretrial release to impose, the magistrate, on the basis <br />of available information, must consider the type of offense charged; the defendant's <br />record of prior convictions; the evidence against the defendant; the defendant's family <br />ties, employment, financial resources, character and mental condition; whether the <br />defendant is so intoxicated that he would be endangered by being released without <br />superMsion; the length of the defendant's residence in the community; and the defendant's <br />history of flight to avoid prosecution or failure to appear at court proceedings A <br />magistrate or clerk of court may modify the defendant's pretrial release order at any time <br />prior to the defendant's first appearance before a district court judge. A magistrate may <br />not set bail in capital cases. <br /> <br />There are nine magistrates in Cabarrus County. They are hired and fired by the senior <br />resident superior court judge but supervised by the chief district court judge. <br /> <br />North Carolina law requires the senior resident superior court judge of the judicial <br />district, in consultation with the chief district court judge, to issue recommended policies <br />for pretrial release decisions within the district. Poficies regarding pretrial release in <br />Cabarrus County closely follow the governing statute. The general policy is that bail is to <br />be used to insure a defendant's presence in court; not to punish a defendant either by <br />making him wait in jail because he cannot make an excessive bail or by making him pay <br />a professional bondsman a large fee to put up an excessive secured appearance bond. <br />(The specific policy and guidelines are included in the appendix.) <br /> <br />FIRST APPEARANCE <br />When a defendant cannot meet pretrial release conditions, s/he is detained in jail and <br />brought before a district court judge within ninety-six hours or at the next sitting of the <br />court. The judge determines the sufficiency of the charges, reviews the bond, appoints <br />counsel in indigent cases and sets the next court date. If the judge determines that the <br />charges are not proper, s/he may dismiss the charges and release the defendant. <br /> <br /> <br />
The URL can be used to link to this page
Your browser does not support the video tag.