Bail Reform in North Carolina—Why the Interest?
Bail reform is a hot topic in North Carolina. It was recommended by Chief Justice Mark Martin’s North Carolina Commission on the Administration of Law and Justice (report here) and […]
September 24, 2018
Eleventh Circuit Weighs in on the Constitutional Parameters for Bail Systems
Interest in bail reform is heating up in North Carolina. The Chief Justice’s North Carolina Commission on the Administration of Law and Justice recommended implementing evidence-based pretrial justice reform, and […]
March 26, 2018
Fifth Circuit: Bail System Violates Due Process & Equal Protection
Organizations around the country have called for bail reform. Here at home, a report by the North Carolina Commission on the Administration of Law and Justice recommended that North Carolina […]
November 13, 2017
May a Magistrate Impose Conditions on a Defendant’s Conduct While in Pretrial Detention?
This question in the title of this post came up in a recent class. The specific context involved a domestic violence defendant who was in jail waiting for a judge […]
July 6, 2017
Anticipatory Bonds for Probation Violations
“Arrest on first positive drug screen. $50,000 secured bond.” “Hold without bond for any probation violation.” May a judge sentencing a defendant to probation include instructions such as these in […]
May 4, 2017
Federal Judge Prohibits Money Bail for Indigent Defendants Charged Only with Misdemeanors
The decision, handed down April 28, 2017, comes out of Harris County, home to Houston, Texas. If you decide to read the opinion, ODonnell v. Harris County, be prepared to […]
November 19, 2015
Recent Changes to the Pretrial Release Statutes
In the 2015 legislative session, the General Assembly made two significant changes to the pretrial release statutes: (1) it effectively repealed a “bond doubling” provision for defendants rearrested while on […]
February 25, 2015
I’ve Been Arrested . . . But Committed No Crime
[Author’s Note: This post has been substantively edited to make corrections in response to helpful comments from readers.] A person generally may not lawfully be arrested unless there is probable […]
March 19, 2014
Double Bond
Last session, the General Assembly added a new subsection to the principal pretrial release statute, G.S. 15A-534. The new provision took effect on December 1, 2013, and has proven to […]
February 4, 2013
You’ve got to know when to hold ’em
Magistrates walk a tight rope of sorts in setting conditions of pretrial release for defendants charged with impaired driving offenses. In addition to taking into account all of the factors […]
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