State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-536

§15A‑536.  Release after conviction in the superior court.

(a)        A defendant whoseguilt has been established in the superior court and is either awaitingsentence or has filed an appeal from the judgment entered may be orderedreleased upon conditions in accordance with the provisions of this Article.

(b)        If release isordered, the judge must impose the conditions set out in G.S. 15A‑534(a)which will reasonably assure the presence of the defendant when required andprovide adequate protection to persons and the community. If no singlecondition gives the assurance, the judge may impose the condition in G.S. 15A‑534(a)(3)in addition to any other condition and may also, or in lieu of the condition inG.S. 15A‑534(a)(3), place restrictions on the travel, associations,conduct, or place of abode of the defendant.

(c)        In determining whatconditions of release to impose, the judge must, on the basis of availableinformation, consider the appropriate factors set out in G.S. 15A‑534(c).

(d)        A judge authorizingrelease of a defendant under this section must issue an appropriate ordercontaining a statement of the conditions imposed, if any; inform the defendantin writing of the penalties applicable to violations of the conditions of hisrelease; and advise him that his arrest will be ordered immediately upon anysuch violation. The order of release must be filed with the clerk and a copygiven the defendant.

(e)        An order of releasemay be modified or revoked by any superior court judge who has ordered therelease of a defendant under this section or, if that judge is absent from thesuperior court district or set of districts as defined in G.S. 7A‑41.1,by any other superior court judge. If the defendant is placed in custody as theresult of a revocation or modification of an order of release, the defendant isentitled to an immediate hearing on whether he is again entitled to releaseand, if so, upon what conditions.

(f)         In imposingconditions of release and in modifying and revoking orders of release underthis section, the judge must take into account all evidence available to himwhich he considers reliable and is not strictly bound by the rules of evidenceapplicable to criminal trials. (1973, c. 1286, s. 1; 1987(Reg. Sess., 1988), c. 1037, s. 56.)