Administration of Justice Bulletin #2026/04

The laws on pretrial release of criminal defendants in North Carolina have been changed in recent years. Prior to these changes, there was a general rule that any defendant charged with a noncapital offense was entitled to have conditions of release set by any judicial official. Several laws have created exceptions to this rule, including the Pretrial Integrity Act (S.L. 2023-75) and Iryna’s Law (S.L. 2025-93). 

 One exception to the general rule favoring the setting of conditions arises when a rebuttable presumption applies. A rebuttable presumption against pretrial release is grounded in the premise that no condition of release will reasonably assure (1) the appearance of the defendant and (2) the safety of the community. This has often been interpreted to mean that conditions of release should be denied unless the presumption is overcome.

 Federal courts, in applying the federal Bail Reform Act of 1984, have repeatedly considered arguments regarding presumptions against pretrial release, including applicable burdens of proof and appropriate factors to consider in finding that a presumption has been overcome. This bulletin analyzes federal case law and offers an approach for navigating rebuttable presumptions against pretrial release under North Carolina law.