15A-539. Modification upon motion of prosecutor.
(a) A prosecutor may at any time apply to an appropriate district court judge or superior court judge for modification or revocation of an order of release under this Article.
(b) A district or superior court judge may, upon motion of the State or upon the judge's own motion, and for good cause shown, conduct a hearing into the source of money or property to be posted for any defendant who is about to be released on a secured appearance bond. The court may refuse to accept offered money or property as security for the appearance bond that, because of its source, will not reasonably assure the appearance of the person as required. The State shall have the burden of proving, by a preponderance of the evidence, the facts supporting the court's decision to refuse to accept the offered money or property as security for the bond.
(c) Nothing in this section shall affect the legal rights of any surety on a bail bond, bonding company, or a professional bondsman. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2005-375, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
§ 15A-532 - Persons authorized to determine conditions for release.
§ 15A-533 - Right to pretrial release in capital and noncapital cases.
§ 15A-534.2 - Detention of impaired drivers.
§ 15A-534.3 - Detention for communicable diseases.
§ 15A-534.4 - Sex offenses and crimes of violence against child victimsbail and pretrial release.
§ 15A-534.5 - Detention to protect public health.
§ 15A-534.6 - Bail in cases of manufacture of methamphetamine.
§ 15A-534.7 - Communicating a threat of mass violence; bail and pretrial release.
§ 15A-535 - Issuance of policies on pretrial release.
§ 15A-536 - Release after conviction in the superior court.
§ 15A-537 - Persons authorized to effect release.
§ 15A-538 - Modification of order on motion of person detained; substitution of surety.
§ 15A-539 - Modification upon motion of prosecutor.
§ 15A-540 - Surrender of a defendant by a surety; setting new conditions of release.
§ 15A-541 - Persons prohibited from becoming surety.
§ 15A-542 - False qualification by surety.
§ 15A-543 - Penalties for failure to appear.
§ 15A-544.1 - Forfeiture jurisdiction.
§ 15A-544.2 - Identifying information on bond.
§ 15A-544.3 - Entry of forfeiture.
§ 15A-544.4 - Notice of forfeiture.
§ 15A-544.5 - Setting aside forfeiture.
§ 15A-544.6 - Final judgment of forfeiture.
§ 15A-544.7 - Docketing and enforcement of final judgment of forfeiture.
§ 15A-544.8 - Relief from final judgment of forfeiture.
§ 15A-547 - Right to habeas corpus.
§ 15A-547.1 - Remit bail bond if defendant sentenced to community or intermediate punishment.