A Loved One Was Arrested for Domestic Violence: When Will They Get Bond?

A Loved One Was Arrested for Domestic Violence: When Will They Get Bond?

When a loved one is arrested for a domestic violence-related offense, you may be left wondering how and when they will be released from jail. Under North Carolina law, special rules dictate how pretrial release conditions are set for certain domestic violence charges, including a 48-hour deadline for a judge to make that determination. Understanding these rules can help you navigate when a loved one’s bond will be set and what restrictions they may face.

Domestic Violence Charges and North Carolina’s “48-Hour” Rule

For certain criminal charges involving allegations of assaulting, threatening, stalking, or committing a felony against a current or former domestic partner, North Carolina imposes a “48-hour” rule for setting pretrial release conditions. Under N.C.G.S. § 15A-534.1, this rule provides that a judge must determine bond conditions for a person charged with a domestic violence-related offense within 48 hours of arrest.

This waiting period can be particularly stressful when defendants and their families are uncertain about when those conditions will be set. While the law provides up to 48 hours for a judge to set conditions of pretrial release, it does not mean that a person must be held in custody for the entire 48-hour period. The law requires individuals held under the “48-hour” rule to have pretrial release conditions determined by the first available judge or, if no judge is available within the 48-hour period, by a magistrate. If an individual is kept in custody without timely determination, a defense attorney can review the circumstances of the hold and advise whether appropriate legal remedies are available.

Setting Conditions of Pretrial Release

When determining what pretrial release conditions to set, a judge or magistrate must take several factors into consideration. These factors include, but are not limited to:

• Defendant’s prior criminal history or other pending charges;
• Defendant’s ties to the community;
• Whether the Defendant is likely to return for future court proceedings;
• Nature and circumstances of the charges alleged;
• Safety of the alleged victim;
• Safety of the community at large.

This list is not exhaustive, and a judge or magistrate may consider a wide array of factors making their determination.

Types of Pretrial Release Conditions

After weighing all relevant factors and applying appropriate legal requirements, a judge or magistrate will determine the conditions under which a defendant may be released from custody. These conditions may include:

1. No-Bond or Continued Detention: In certain cases, a judge may order that a defendant remain in custody. This condition is not mandatory, and may ONLY be set at the discretion of the judge for offenses subject to specific statutory requirements

2. Secured Bond: The defendant must satisfy a specified financial security requirement to be released from custody. This may include a cash deposit, property security, or a surety.

3. Supervised Release: The defendant’s release is conditioned on being placed under the supervision of a designated person or organization. The defendant may choose to post a secured bond in the alternative, if permitted by statute.

4. Unsecured Bond: The defendant receives a specified bond amount but does not have to provide that amount upfront.

Additional Conditions of Release in Domestic Violence Cases

A judge or magistrate may impose additional conditions of pretrial release on individuals charged with a domestic violence-related offense. These additional conditions are governed by N.C.G.S. § 15A-534.1 and can include:

• No contact with the alleged victim;
• A ban from the home, school, business, or employment of the alleged victim;
• Refraining from beating, assaulting, or wounding the alleged victim;
• Refraining from alcohol consumption through an approved continuous alcohol monitoring system.

Other restrictions may also apply depending on the applicability of other relevant laws. These conditions may be set at the discretion of the judge or magistrate after considering all relevant information and applying appropriate statutory provisions.

What to Do While a Loved One is Waiting for Bond

As you wait for your loved one’s pretrial release conditions to be set, you may be wondering what you can do to prepare for the next steps. Here are four practical steps that you can take to help your loved one navigate that process:

1. Gather Important Information – Before speaking with an attorney, gather as much information about the arrest as possible. Be prepared to provide your loved one’s full legal name, the charges against them, a case number, the county where they are in custody, and the arresting agency, if known.

2. Make Practical Arrangements at Home – While your loved one is in custody, you may need to make temporary arrangements for housing, work, school, childcare, transportation, or other household needs. Review any applicable release order carefully and consult an attorney before taking steps that could violate its terms.

3. Contact a Criminal Defense Attorney – Retaining a criminal defense attorney can help you understand the charges against your loved one, understand North Carolina’s pretrial release laws, and determine whether conditions of release have been set. Although an attorney cannot guarantee certain pretrial release conditions, they can identify appropriate legal steps and advocate for your loved one at their first appearance.

4. Attend the First Appearance – If possible, attend your loved one’s first appearance. The court must consider a number of factors when determining conditions of pretrial release, including a defendant’s community ties, employment, housing situation, and history of appearing in court. Family members may be able to provide helpful context about these factors. If you plan to attend, consider speaking with the defense attorney beforehand about whether you may be able to address the court and what information would be most useful.

Navigating the pretrial release process can be overwhelming. Taking these steps can help you understand the conditions that may be imposed and make arrangements for what comes next. If you have questions about North Carolina’s pretrial release laws or your loved one’s eligibility for release, contact Jetton & Meredith at 704-931-5535.