AG 1999 01 19 - Laserfiche WebLink

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OFFICIAL POLICIES ON PRETRIAL RELEASE G. S. 15A-535 provides: "Subject to the provisions of this Article (Article 26, Ball), the Senior Resident Superior Court Judge of each Judicial District, in consultation with the Chief District Court Judge, must devise and issue recommended policies to be followed within the district in determining whether and upon what conditions a defendant may be released before trial." I. DEFINITIONS Certain terms used in bail practice have now acquired statutory definitions. G. S. 15A- 531 states that the following definitions apply unless the context clearly requires otherwise: Bail Bond. An undertaking by the principal tO appear in court as required upon penalty of forfeiting bail to the State of North Carolina in a stated amount. Bail bonds include an unsecured appearance bond, an appearance bond secured by a cash deposit of the full amoun: of the bond, an appearance bond secured by a mortgage pursuant to G.S. 109-25, and an appearance bond secured by at least one solvent surety. B. Obligor. A principal or surety on a bail bond. Principal. A defendant or material witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond. Surety. One who, with the principal, is liable for the amount of the bail bond upon forfeiture of bail. II. PURPOSE OF BAIL The traditional purpose of bail is to assure the defendant's appearance in court. The purpose of the law on bail, N.C.G.S. Chapter 15A, Article 26, is to impose the least restrictive non-monetary form of pretrial release that will reasonably assure the defendant's appearance in court, to end or to minimize the abuses of stereotyped ex parte bail fixing policies calling for secured bonds in predetermined amounts in all cases charging certain offenses, and to vest the decision making process as to form of release and amount of bond in the judicial official who may know the most or can most readily learn the most about the defendant. ~