Sample Forms and Colloquies

SUGGESTED PROCEDURE:
A. Setting bond in a felony:
1. When considering conditions of bond for any felony committed on or after
12/1/09, always ask: “Is the Defendant currently on probation for any
offense?”
2. If the answer is no, then proceed as in any other case.
3. If the answer is yes, then ask: “What does the State offer on the issue of
whether or not the Defendant poses a danger to the public?” and “What
does the Defendant offer on this issue?”
4. If evidence or argument is offered, make findings on the issue of
dangerousness. If the lawyers do not offer sufficient information, then
you must order that Defendant be detained for an additional period, up to
96 hours and that the matter come back for an additional hearing during
that time. In entering this order, you must make a written record, at the
time you detain the defendant, of:
(1) the fact that the defendant is being held pursuant to G.S. 15A-
534(d2);
(2) the basis for the decision that additional information is needed
to determine whether the defendant poses a danger to the
public and the nature of the necessary information; and
(3) a date, within ninety-six hours of the time of arrest, when the
defendant will be brought back before a judge for a further
hearing.
5. If you find that Defendant does not pose a danger to the public, then
impose conditions of bond as in any other case.
6. If you find that Defendant does pose a danger to the public, then proceed
with determination of conditions of bond, which must include either a
secured bond or EHA.