Making Findings on the AOC-CR-200 Form: Part II

In Part I of this two-part series, I discussed the significance of the Boxes 1-6 in the “findings” section of the AOC-CR-200 form (Conditions Of Release And Release Order). This post, Part II, details Boxes 7-12 on that form. Keep in mind that both posts track the December 2025 version of the form and may not align with earlier or future versions.

Box 7: The defendant is charged with a “violent offense” under G.S. 15A-531(9).

Authority: G.S. 15A-531(9)

Significance: In any case in which a defendant is charged with a violent offense, this box should be checked. Violent offenses including any of the following:

• Any Class A through G felony that includes assault, the use of physical force against a person, or the threat of physical force against a person, as an essential element of the offense.
• Any felony offense requiring registration as a sex offender, whether or not the person is currently required to register.
• An offense under G.S. 14-17, and any other offense listed in G.S. 15A-533(b).
• An offense under G.S. 14‑18.4, 14-34.1, 14-51, 14-54(a1), 14-202.1, 14-277.3A, or 14-415.1, or an offense under G.S. 90-95(h)(4c) that involves fentanyl.
• Attempts to commit any of the listed offenses.

A proposed list of violent offenses can be found here.

Relatedly, Box 11, option “G.S. 15A-534(b1)” should also be checked. This is because G.S. 15A-534(b1) establishes a rebuttable presumption for violent offenses. Checking Box 11 does not have any bearing on a judicial official’s decision to authorize or deny conditions of release. Rather, it serves as an acknowledgement that a rebuttable presumption applies.

Box 8: The defendant is charged with a second or subsequent “violent offense” after [either] being convicted of a prior violent offense [or] being released on pretrial conditions for a prior violent offense.

Authority: G.S. 15A-534(b1)(2)

Significance: It is possible that both options might apply, and both lead to the same result, being that the defendant must be subject to electronic house arrest (if available) with a secured bond. This box should remain unchecked if a defendant is charged with a first violent offense, which could likely be interpreted to mean that the defendant does not have a prior conviction of a violent offense and was not on pretrial release for a violent offense. Such a defendant is not required to be placed on electronic house arrest. If this box is checked, Boxes 7 and 11 should also be checked.

Box 9: The defendant has been convicted of three or more offenses (separate sessions of court), each of which is a Class 1 misdemeanor or higher level offense, within the previous 10 years.

Authority: G.S. 15A-534(b)

Significance: Unless the defendant is presently charged with a violent offense, a defendant subject to this finding is entitled to conditions of release. Even so, the available conditions are limited to electronic house arrest with or without a secured bond. When this box is checked, Box 12 should also be checked, and the judicial official must make the appropriate findings of fact applying the factors listed in G.S. 15A-534(c). See G.S. 15A-534(d). If the present charge is a violent offense, then Box 12 is checked only if the judicial official finds the rebuttable presumption overcome and is authorizing conditions of release.

Box 10: The undersigned judicial official [either] was able to determine the defendant is a citizen or legal resident of the United States [or] was unable to determine that the defendant is a citizen or legal resident of the United States.

Authority: G.S. 15A-534(d4)

Significance: G.S. 15A-534(d4) requires judicial officials, when determining conditions of pretrial release for defendants charged with certain offenses, to attempt to determine if the defendant is a legal resident or citizen of the United States. The following categories of offenses trigger the inquiry:

• any felony;
• a Class A1 misdemeanor under Article 6A (unborn victims), Article 7B (rape and other sex offenses), or Article 8 (assaults) of G.S. Chapter 14;
• any violation of G.S. 50B-4.1 (violation of a domestic violence protective order); and
• any offense involving impaired driving as defined in G.S. 20-4.01.

If the defendant’s status as a legal resident or citizen of the United States cannot be determined, the judicial official must set conditions of pretrial release (subject to any statutory limitations) and, using the AOC-CR-663 form, commit the defendant to a facility to be fingerprinted and held for a period of two hours after a query to Immigration and Customs Enforcement is made.

Box 11: There is a rebuttable presumption against the defendant’s pretrial release pursuant to [ ] G.S. 15A-533(b), [ ] G.S. 15A-533(d), [ ] G.S. 15A-533(e), [ ] G.S. 15A-533(f), [ ] G.S. 15A-534(b1).

Authority: G.S. 15A-533(b); G.S. 15A-533(d); G.S. 15A-533(e); G.S. 15A-533(f); G.S. 15A-534(b1).

Significance: The listed statutes establish rebuttable presumptions against pretrial release. The applicability of G.S. 15A-533(d), G.S. 15A-533(e), or G.S. 15A-533(f) hinges on certain findings related to a defendant’s criminal history.

If a rebuttable presumption applies pursuant to G.S. 15A-533(b), G.S. 15A-533(d), G.S. 15A-533(e), or G.S. 15A-533(f), then only a judge may authorize conditions of release. See G.S. 15A-533(b), (g).

It is possible for more than one of these options to apply. For example, if a defendant is charged with G.S. 14-51(a) (first degree burglary), there is a rebuttable presumption pursuant to both G.S. 15A-533(b) and G.S. 15A-534(b1), and both options should be checked. However, the limiting rule applies that only a judge may authorize conditions of release.

Option “G.S. 15A-534(b1)” should be checked any time Box 7 on the form is checked (e.g., any time a defendant is charged with a violent offense).

Box 12: The undersigned judicial official makes the following additional written findings of fact: [BOX FOR FREE TEXT].

Authority: Generally, G.S. 15A-534(b) and (d).

Significance: This box is where findings of fact are entered when required. One example is G.S. 15A-534(d), which requires findings of fact when release is authorized for a defendant charged with a violent offense or when imposing conditions of release for a defendant with a qualifying criminal history. Local bond policy may also require written findings of fact when imposing a secured bond or electronic house arrest for offenses not captured in the categories above. See G.S. 15A-534(b).

There are other statutes that mandate written findings that may be addressed on other AOC forms. For example, G.S. 15A-534(d2) requires a dangerousness determination for a defendant who has been charged with a felony while on probation. That determination must be recorded in writing and is usually memorialized on the AOC-CR-272 form (Detention of Probationer Arrested for Felony) rather than the AOC-CR-200 form.

Failure to make statutorily required written findings may constitute legal error, though is unclear whether a lack of written findings is a defect that entitles either the defendant or the State to a remedy. Additionally, a magistrate who fails to make statutorily required written findings may be subject to suspension or removal under G.S. 7A-173(a).

Other notes about using the form

Even if a magistrate’s authority to impose conditions of release is limited, the magistrate likely retains the authority to make all of the applicable findings on the CR-200 form during the initial appearance. It may constitute legal error to omit statutorily required written findings in Box 12. Though the findings indicated in many of the other check boxes (with the exception of Boxes 5 and 6) are not statutorily required, they are likely intended to guide the judicial official through the appearance and ensure the appropriate laws are being applied to the defendant who appears before them.

Please feel free to email me with questions at bwilliams@sog.unc.edu.