Orders for Arrest for Failing to Appear

Debbie Defendant is charged with misdemeanor stalking under G.S. 14-277.3A. She fails to appear in district court on January 23, 2026. The district court judge issues an order for Debbie’s arrest, recommending imposition of a $10,000 secured bond. Debbie is arrested and brought before a magistrate. What conditions of pretrial release may the magistrate impose? An unsecured bond A $5,000 secured bond A $10,000 secured bond A $15,000 secured bond No release Given the changes enacted by S.L. 2025-93 (H 307), one may be surprised to learn that answers (B), (C), (D), and (E) are all correct. The rebuttable presumption All violent offenses as defined by G.S. 15A-531(9) are subject to a rebuttable presumption against pretrial release. Rebuttable presumptions against pretrial release provide that no condition of release will reasonably assure (i) the appearance of the person as required and (ii) the safety of the community. Generally, what this means is that conditions of release should be denied unless the presumption is overcome. Unlike presumptions found in other statutes, the rebuttable presumption for violent offenses applies solely based on the charging of the offense—a judicial official does not need to make any additional findings (you can read more about rebuttable presumptions in this previous post). Because stalking under G.S. 14-277.3A is a violent offense, a magistrate determining conditions of release for a defendant arrested on an OFA for this offense may deny conditions of release, making answer choice (E) correct. Orders for arrest Pre-Iryna’s law. Prior to December 1, 2025, G.S. [...]