Pretrial Release -- Part 1: Who Gets Conditions?

Pretrial release didn’t used to be complicated. But over the last 10 years or so that’s changed, with the addition of exceptions and special procedures. In a series of posts, I’ll address some key issues about pretrial release. This post focuses on the basic question: Who gets conditions of pretrial release? As a general rule, all criminal defendants are entitled to conditions of pretrial release. However, there are a number of exceptions to this general rule including: Certain Fugitives. A fugitive defendant charged in another state with an offense punishable by death or life imprisonment under the laws of that state has no right to pretrial release. G.S. 15A-736. Also, a fugitive arrested on a Governor’s Warrant has no right to pretrial release. State of North Carolina Extradition Manual 22, 26, 29, 41 (Robert L. Farb, ed., 2d ed. 1987). These defendants should be committed to jail without conditions of release. The Governor’s Extradition Secretary takes the position that defendants who have waived extradition should be treated similarly. Involuntarily Committed Defendants. There is no right to pretrial release for a defendant who is alleged to have committed a crime while involuntarily committed or while an escapee from commitment. G.S. 15A-533(a). Such a defendant should be returned to the treatment facility where he or she was residing at the time of the alleged crime or from which he or she escaped. Id. Violators of Health Control Measures. G.S. 15A-534.5 provides that if a judicial official conducting an initial appearance finds, by clear [...]