What Is the North Carolina Pretrial Integrity Act?
Whether you’re currently facing criminal charges or you’re simply interested in how the courts work, the “Pretrial Integrity Act” is an important concept to understand. This law may determine whether you secure pretrial release, otherwise known as “bond” or “bail.” Although the Pretrial Integrity Act went into effect in 2023, many people are unaware of its existence. This may be a subject worth discussing with an experienced criminal defense attorney in North Carolina.
The Pretrial Integrity Act Creates Exceptions for Speedy Bond Conditions
Normally, a defendant should receive their pretrial release conditions relatively quickly. Unnecessary delays are not allowed under North Carolina (and constitutional) laws. However, there are several important exceptions to this general rule. For defendants facing the death penalty, only a judge can set these pretrial release conditions (not a magistrate). In addition, a judge is under no obligation to grant pretrial release in these cases.
In addition, the 48-hour rule states that a defendant must have access to a pretrial release hearing (held by a judge) within two days of their arrest for domestic-violence-related charges. If a judge is available and the pretrial release hearing does not occur for whatever reason, this law states that the court must dismiss the domestic violence charges. If a judge is unavailable within the first 48 hours, a magistrate may set bond conditions.
The Pretrial Integrity Act makes bond discretionary for more crimes. In addition to murder, this now applies to kidnapping, human trafficking, firing into an occupied residence, arson, armed robbery, and many others.
In addition, the Pretrial Integrity Act creates a new 48-hour rule for new crimes committed by those already on pretrial release. These include various impaired driving (DUI) charges and “death or injury by vehicle.”
Shortly after the arrival of the Pretrial Integrity Act, the North Carolina School of Government posted a blog explaining the 48-hour rule in more detail. One of the most important distinctions made in this blog was the fact that this is not a 48-hour hold. Some have interpreted the rule as being a mandatory 48-hour hold, but a defendant may experience their pretrial release hearing before 48 hours pass.
In reality, a defendant should only spend two days behind bars after being accused of domestic violence if a judge is unavailable. There is no other valid reason to keep a defendant locked up for over 48 hours.
Can a North Carolina Criminal Defense Attorney Help Me?
A North Carolina criminal defense attorney may be able to help you secure pretrial release. Bond is crucial for those who want to plan their defense strategies effectively, and you have every right to push for pretrial release if possible. An experienced attorney can help you overcome challenges posed by the Pretrial Integrity Act and other recent changes. Contact The Pritchard Firm today for further guidance.
Sources:
nccriminallaw.sog.unc.edu/2023/08/23/north-carolinas-new-pretrial-integrity-act/
sog.unc.edu/publications/bulletins/pretrial-integrity-act