State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-540

§ 15A‑540.  Surrender ofa defendant by a surety; setting new conditions of release.

(a)        Going Off the BondBefore Breach. – Before there has been a breach of the conditions of a bailbond, the surety may surrender the defendant as provided in G.S. 58‑71‑20.Upon application by the surety after such surrender, the clerk must exoneratethe surety from the bond.

(b)        Surrender AfterBreach of Condition. – After there has been a breach of the conditions of abail bond, a surety may surrender the defendant as provided in this subsection.A surety may arrest the defendant for the purpose of returning the defendant tothe sheriff. After arresting a defendant, the surety may surrender thedefendant to the sheriff of the county in which the defendant is bonded to appearor to the sheriff where the defendant was bonded. Alternatively, a surety maysurrender a defendant who is already in the custody of any sheriff by appearingin person and informing the sheriff that the surety wishes to surrender thedefendant. Before surrendering a defendant to a sheriff, the surety mustprovide the sheriff with a certified copy of the bail bond. Upon surrender ofthe defendant, the sheriff shall provide a receipt to the surety.

(c)        New Conditions ofPretrial Release. – When a defendant is surrendered by a surety undersubsection (b) of this section, the sheriff shall without unnecessary delaytake the defendant before a judicial official, along with a copy of theundertaking received from the surety and a copy of the receipt provided to thesurety. The judicial official shall then determine whether the defendant isagain entitled to release and, if so, upon what conditions. (1973, c. 1286, s. 1; 1995,c. 290, s. 2; 2000‑133, s. 2; 2001‑487, s. 46.5(a).)