Double Bond
Jeff Welty
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 […]
Blog
March 19, 2014
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 […]
Read post "Double Bond"February 4, 2013
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 […]
Read post "You’ve got to know when to hold ’em"July 17, 2012
Five years ago, the General Assembly authorized judges to require that defendants placed on probation for a Level One or Level Two impaired driving offense abstain from consuming alcohol for […]
Read post "Authorization for Continuous Alcohol Monitoring Expanded by S.L. 2012-146"January 19, 2012
In the last in this series of posts on pretrial release I’ll address two issues that continue to create problems for judicial officials: defendants who refuse to identify themselves and […]
Read post "Pretrial Release – Part 4: Refusal to Provide Identification & Noncitizens"January 9, 2012
As a general rule, and subject to local bond policy, the law gives judicial officials a great deal of discretion to determine the appropriate conditions of pretrial release. In some […]
Read post "Pretrial Release — Part 3: Limits on When and What Conditions May Be Imposed"January 3, 2012
In my first post in this series, I addressed the issue of who is entitled to conditions of pretrial release. In this post, I’ll address who can set conditions and […]
Read post "Pretrial Release — Part 2: Who Sets Conditions? What Are the Options?"December 19, 2011
Pretrial release didn’t used to be complicated. But over the last 10 years or so that’s changed, with the addition of exceptions and special procedures. In a series of posts, […]
Read post "Pretrial Release — Part 1: Who Gets Conditions?"December 9, 2010
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 […]
Read post "State v. Daniel Tees Up An Analysis of Prejudice"February 22, 2010
Jay Jones is charged with possession of drug paraphernalia and given an unsecured bond of $1,000. He is convicted following a bench trial in district court. Noting that Jones is […]
Read post "I Want a New Trial! Now What? A District Court Judge’s Authority to Act Following Entry of Notice of Appeal for Trial De Novo (Part I)"May 11, 2009
An interesting article in the New York Times, available here, talks about the increasing use of GPS tracking in domestic violence cases, either as a condition of pretrial release or […]
Read post "GPS Tracking for Domestic Violence Offenders?"