North Carolina Magistrates' Guide to Pretrial Release

Guiding Principles

Upon arrest, a defendant must be taken without unnecessary delay before a judicial official, who MUST hold an initial appearance and set pretrial release (PTR) conditions except when a relevant statute prohibits release, restricts the officials who can set conditions, or requires the setting of certain conditions. G.S. 15A-511(f); 15A-533 (right to PTR determination). Unless an exception applies, a magistrate has no authority to delay or deny the determination of PTR conditions.

Although any judicial official is authorized to preside at an initial appearance, in most cases that official is a magistrate. This guide addresses PTR only in the context of magistrates’ authority and limitations.