Carolina Law Blog
Communicating threats, assault, stalking, and other felony charges in North Carolina, if categorized as domestic violence, are clearly serious. If arrested, the terms and conditions of release may result in no way to immediately bond out, at least for a couple of days.
That’s because, under the NC Criminal Laws, crimes of domestic violence require pre-trial release and bail be determined by a district court judge. Unlike many other legal matters, including many if not most felony charges, a magistrate is not authorized to set bond or otherwise address the conditions of release for DV cases.
Even with no prior record, you may find youself in jail for a period of time until a judge is available. That’s tough. The statute is written such that, unless the particular jursidiction can fast-track DV court appearances, people sit in jail with no way to get out for a substantial period of time- Bill Powers, Criminal Defense Lawyer Charlotte NC