AG 1999 01 19 - Laserfiche WebLink

Home Browse Search

III. FORMS OF PRETRIAL RELEASE Release on a written promise to appear. Release on unsecured bond. Release to the custody of a designated person or organization agreeing to supervise the defendant. Release on a secured appearance bond secured by a cash deposit, mortgage, or at least one solvent surety. IV. SELECTION OF FORM OF PRETRIAL RELEASE - G.S. 15A-534 Ao written Promise to Appear. The written promise to appear is the recommended form of pretrial release except in cases in which the defendant is charged with a violation under NC.G.S. Chapter 20 (Motor Vehicles). The written promise to appear may be selected by the magistrate as the form of pretrial release upon the magistrate's finding that such form will reasonably assure the defendant's court appearance after the magistrate has taken into account ~he eleven release criteria set out in G.S 15A-534(c), namely: (1) the nature and circumstances of the offense charged, (2) the weight of the evidence, (3) the defendant's family ties, (4) employment, (5) financial resources, (6) character, (7) mental condition, (8) length of residence in the community, (9) record of convictions, (I0) history of flight to avoid prosecution or failure to appear at court proceedings, and (11) any other evidence relevant to the issue of pretrial release. Unsecured BOnd in a Specific Amount. The unsecured bond in a specific amount is the recommended form of pretrial release in cases arising under N.C.G.S. Chapter 20 (Motor Vehicles), and upon the magistrate's finding that this form of release will reasonably assure the defendant's court appearance on the basis of the eleven release criteria set out above. Release to the Custody of a Designated Person or Organization Agreeing to Supervise the Defendant. This form of release may be selected in cases if the magistrate finds: (1) That by reason of defendant's age or mental condition a custodial release is most likely to 2