Pretrial release is the period between your arrest and your court date after you see the court for the first time. During that first appearance, the judge will make a decision on your pretrial release.
The judge has the ability to make a few different decisions. The North Carolina General Assembly explains what the judge decides about pretrial release depends on the guidance of the law.
Release not permitted
In some cases, you will have no options to get out of custody because of your charges. You cannot get a release order if you committed a crime when you escaped a mental health facility.
Determining release
Absent a law forbidding your release, the judge must consider the conditions of your crime and the evidence against you. He or she must also consider your personal situation, including employment, finances, mental condition and family in the area. The judge will also look at your criminal history and any other considerations deemed appropriate, such as substance abuse issues.
Conditions of release
If you qualify for pretrial release, the judge may allow you out on your promise that you will return to court. He or she may also make you pay bond. The judge can place you into the custody of someone else, such as a parent or other relative, or put you on house arrest with a monitoring device.
Keep in mind that pretrial release is a privilege. If the judge believes you may not show up to court or that you could commit more crimes once released, the chances are not good you will get out. The judge has a lot of power in making the determination.
