AG 1999 01 19 - Laserfiche WebLink

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XHI. ERRORS AND EMERGENCIES Superior Courts. Magistrates are not authorized to modify pretrial release orders or recommendations of judges of the Superior Court. District Courts. Magistrates are not authorized to modify pretrial release orders or recommendations of District Court judges outside their county. Magistrates are authorized to modify pretrial release orders of District Court judges in their said counties in misdemeanor cases involving process for service only at, er and pursuant to the direction of said District Court judge. Magistrates exercising such authority to modify a District Court judge's pretrial release order will staple an attachment to the process setting out the reasons for his actions along with the date and his signature. Change of Conditions. If at any time subsequent to the release of a defendant in accordance with a magistrate's pretrial release order it should appear to any magistrate that the defendant is going to violate the conditions of release or abscond, such magistrate may issue an Order for Arrest under G.S. 15A-305(5), and make such new pretrial release order as may be appropriate. XIV. TERMINATION A bail bond posted pursuant to this section is effective and binding upon the obligor throughout all stages of the proceeding in the trial division of the General Court of Justice until the entry of judgment in the District Court from which no appeal is taken or the entry of judgment in the Superior Court. The obligation of an obligor, however, is tem-dnated at an earlier time if: 1. A judge authorized to do so releases the obligor from his bond, or 2. The principal is surrendered by a surety in accordance with G.S. 15A-540; or The proceeding is terminated by voluntary dismissal by the State before forfeiture is ordered under G:S. 15A-544(b); or 8