AG 1999 01 19 - Laserfiche WebLink

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VI. CAPITAL OFFENSES A magistrate does not have authority to grant pretrial release to any defendant charged with a capital offense. A District Court Judge or a Superior Court Judge may fix bail in all cases. ho Bo VII. GUIDELINES A magistrate should not, except under extraordinary circumstances, grant pretrial release by personal recognizance, unsecured bond, or custodial release to any person who is not a resident of North Carolina. A magistrate may - but is not required to - accept the defendant's 0ral and unconfii~x~ed answers to the eleven release criteria on misdemeanor charges. A magistrate should not grant pretrial release by personal recognizance, unsecured bond, or custodial release to any person charged with a felony except upon the defendant's sworn and written questionnaire on the release criteria, answered favorably, and upon the magistrate's getting outside confirmation of a sufficient portion of those answers to prove their accuracy. A magistrate should not, except under exceptional circumstances, grant pretrial release by written promise to appear, unsecured bond, or custodial release to any defendant who has already failed to appear in court and is then in custody by a warrant for failure to appear on citation or an Order for Arrest. A magistrate should not grant pretrial release by written promise to appear, unsecured bond, or custodial release when the defendant is under arrest for violation of GS. 15A-534, failure to appear pursuant to pretrial release under Article 26. A magistrate should not grant pretrial release contrary to the order of any judge except as authorized below under Item XIII Errors and Emergencies. A magistrate should not grant pretrial release by written promise to appear or unsecured bond to any defendant who is intoxicated or in a highly emotional condition. 4