Bail Reform in North Carolina -- What Are the Options?

In my last post, I discussed some of the reasons why stakeholders are interested in bail reform. In this one I explore some of the changes that are being implemented and evaluated. Procedural Changes Citation in Lieu of Arrest One procedural change jurisdictions are implementing is encouraging law enforcement officers to issue citations in lieu of arrest for low-risk defendants. The setting of pretrial conditions only occurs after an arrest. As discussed in my last post, in North Carolina the secured bond is the most common condition imposed, and can lead to wealth-based detentions and other negative downstream consequences. Encouraging officers to issue citations instead of making arrests for low-risk defendants limits the number of such defendants who might be subject to wealth-based detentions. Citation in lieu of arrest is widely used in the US and has been shown to save time for officers that can be diverted to more serious public safety matters. Summons in Lieu of Arrest Related to citation in lieu of arrest is encouraging judicial officials to issue a summons in lieu of an arrest warrant for a similar class of low-risk defendants, particularly those who would simply be released on non-financial conditions and without restrictions after arrest. Early Participation by Defense Counsel Because of the significant consequences of pretrial detention, national standards recommend early participation by defense counsel in pretrial proceedings. In North Carolina, defendants receive no representation at the first pretrial determination, the initial appearance. Because counsel typically isn’t appointed for an indigent defendant until [...]