When a person is arrested for a criminal offense, the judicial official authorizing pretrial release must issue an appropriate order containing a statement of the conditions imposed. G.S. 15A-534(d). This order is normally memorialized on the AOC-CR-200 form (Conditions Of Release And Release Order). The CR-200 form includes sections for the judicial official to make findings about a defendant’s current charges and criminal history, to impose appropriate conditions of release, and to commit a defendant to an appropriate detention facility when conditions of release are delayed or denied.
As the law changes, the CR-200 form evolves to help ensure judicial officials maintain compliance with relevant procedures. This post, the first of a two-part series, covers the “findings” section of the form, noting the authority and the significance of each available option. The posts track the December 2025 version of the form and may not align with earlier or future versions.
Box 1.(i): The defendant has been charged with a felony while on probation.
Authority: G.S. 15A-534(d2)
Significance: This box should be checked when conditions of pretrial release are being determined for a defendant who is charged with a felony offense (unless the felony offense is a violent offense) and the defendant is currently on probation for a prior offense. The judicial official must then determine whether the defendant poses a danger to the public prior to imposing conditions of pretrial release and must record that determination in writing on side one of the AOC-CR-272 form (Detention of Probationer Arrested for Felony). This finding does not apply to a person who is arrested for a violation of post-release supervision or parole.
Box 1.(ii): The defendant has been arrested for violation of probation with a pending felony charge or prior conviction requiring registration under G.S. 14, Article 27A.
Authority: G.S. 15A-1345(b1)
Significance: The judicial official must then determine whether the defendant poses a danger to the public prior to imposing conditions of pretrial release and must record that determination in writing on side two of the AOC-CR-272 form (Detention of Defendant Arrested for Probation Violation with Pending Felony or Prior Sex Offense). This finding does not apply to a person who is arrested for a violation of post-release supervision or parole.
Box 1.(iii): The defendant has been charged with an offense while on pretrial release for a prior offense.
Authority: G.S. 15A-534(h)
Significance: Only a judge may determine conditions of release for a defendant who is arrested for a new offense allegedly committed while the defendant was on pretrial release for another pending proceeding. If a judge has not acted within 48 hours after the defendant’s arrest, a magistrate may determine conditions of release, subject to any other statutory limitations. A magistrate imposing conditions of release under this circumstance should also check Box 3 on the form.
Box 2: This Order is entered upon defendant’s arrest for violation of conditions of release entered previously for the above-captioned case in the Order dated [BLANK].
Authority: G.S. 15A-534(d)
Significance: G.S. 15A-534(d) requires a judicial who authorizes conditions of release in a criminal case to issue an order containing a statement of the conditions imposed, if any. This is typically the AOC-CR-200 form. The judicial official must also advise the defendant that his or her arrest will be ordered immediately upon any violation. If the defendant violates conditions of release, the original release order is deemed revoked and a new, superseding release order is issued. Any subsequent release order(s) should have Box 2 checked.
Box 3: The defendant is charged with an offense subject to G.S. 15A-533(h), 15A-534.1, 15A-534.7, or 15A-534.9, and no judge has acted under that statute within 48 hours of defendant’s arrest.
Authority: G.S. 15A-533(h); G.S. 15A-534.1; G.S. 15A-534.7; G.S. 15A-534.9
Significance: The statutory provisions listed in this section delay a magistrate’s authority to impose conditions of release. Each of these statutes provides that a judge—rather than a magistrate—must set a defendant’s pretrial release conditions within 48 hours after arrest for certain offenses. Those offenses include:
- a new offense committed while on pretrial release for a pending proceeding (G.S. 15A-533(h));
- crimes of domestic violence (G.S. 15A-534.1);
- communicating a threat of mass violence in violation of G.S. 14‑277.6 or G.S. 14‑277.7 (G.S. 15A-534.7); and
- assault on and threats against public officers in violation of G.S. 14‑16.6, G.S. 14‑16.7, or G.S. 163‑275(11) (G.S. 15A-534.9).
If no judge has acted after 48 hours, then a magistrate may do so, and a magistrate acting pursuant to this authority should check this box.
Box 4: The defendant is charged with an offense subject to G.S. 15A-534.8, and no judge has acted under that statute within 24 hours of defendant’s arrest.
Authority: G.S. 15A-534.8
Significance: Similar to Box 3, the statutory provision listed in this section delays a magistrate’s authority to impose conditions of release. The statute provides that a judge—rather than a magistrate—must set a defendant’s pretrial release conditions within 24 hours after arrest for certain offenses. Those offenses include rioting and looting violation of G.S. 14‑288.2 or G.S. 14‑288.6. If no judge has acted after 24 hours, then a magistrate may do so, and a magistrate acting pursuant to this authority should check this box.
Box 5: The defendant was arrested or surrendered after failing to appear as required under a prior release order.
Authority: G.S. 15A-534(d1), G.S. 15A-305(b)(2), G.S. 15A-540
Significance: When a defendant violates conditions of release, including failing to appear as required, the original release order is deemed revoked and a new, superseding release order is issued. G.S. 15A-534(d1) provides that when conditions of pretrial release are being imposed on a defendant who has failed on one or more prior occasions to appear to answer one or more of the charges to which the conditions apply, the judicial official must indicate on the release order that the defendant was arrested or surrendered after failing to appear as required under a prior release order.
G.S. 15A-305(b)(2) permits the arrest of a defendant on pretrial release who fails to appear as required. G.S. 15A-540(b) permits a surety to surrender a defendant to the sheriff after there has been a breach of the conditions of a bail bond. The sheriff must take the defendant before a judicial official who must then determine whether the defendant is again entitled to release and, if so, upon what conditions. The judicial official imposing conditions under either of these circumstances must check Box 5 and should also check Box 2.
Box 6: This was the defendant’s second or subsequent failure to appear in this case.
Authority: G.S. 15A-534(d1); G.S. 15A-544.5(f)
Significance: G.S. 15A-534(d1) provides that when conditions of pretrial release are being imposed on a defendant who has failed on one or more prior occasions to appear to answer one or more of the charges to which the conditions apply, and if the information available to the judicial official indicates that the defendant has failed on two or more prior occasions to appear to answer the charges, the judicial official must indicate that fact on the release order. When checking this box, Box 5 must also be checked.
G.S. 15A-544.5(f) provides that a bond forfeiture cannot be set aside for any reason in any case in which the surety or the bail agent had actual notice before executing a bail bond that the defendant had already failed to appear on two or more prior occasions in the case for which the bond was executed. Actual notice is provided only where the box is checked on the release order.
Part II of this series will cover the significance of Boxes 7-12 on the CR-200 form. In the meantime, please do not hesitate to contact me with questions at bwilliams@sog.unc.edu.
