reglab/housing_qa huggingface dataset:
NC Gen Stat § 15A-538 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-538 - Modification of order on motion of person detained; substitution of surety.

 15A-538. Modification of order on motion of person detained; substitution of surety.(a) A person who is detained or objects to the conditions required for his release which were imposed or allowed to stand by order of a district court judge may apply in writing to a superior court judge to modify the order.(b) The power to modify an order includes the power to substitute sureties upon any bond. Substitution or addition of acceptable sureties may be made at the request of any obligor on a bond or, in the interests of justice, at the request of a prosecutor under the provisions of G.S. 15A-539. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
NC Gen Stat § 15A-539 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-539 - Modification upon motion of prosecutor.

 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.)
NC Gen Stat § 15A-540 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-540 - Surrender of a defendant by a surety; setting new conditions of release.

 15A-540. Surrender of a defendant by a surety; setting new conditions of release.(a) Going Off the Bond Before Breach. - Before there has been a breach of the conditions of a bail bond, 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 exonerate the surety from the bond.(b) Surrender After Breach of Condition. - After there has been a breach of the conditions of a bail 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 to the sheriff. After arresting a defendant, the surety may surrender the defendant to the sheriff of the county in which the defendant is bonded to appear or to the sheriff where the defendant was bonded. Alternatively, a surety may surrender a defendant who is already in the custody of any sheriff by appearing in person and informing the sheriff that the surety wishes to surrender the defendant. Before surrendering a defendant to a sheriff, the surety must provide the sheriff with a copy of the bail bond, forfeiture, or release order. Upon surrender of the defendant, the sheriff shall provide a receipt to the surety.(c) New Conditions of Pretrial Release. - When a defendant is surrendered by a surety under subsection (b) of this section, the sheriff shall without unnecessary delay take the defendant before a judicial official, along with a copy of the undertaking received from the surety and a copy of the receipt provided to the surety. The judicial official shall then determine whether the defendant is again entitled to release and, if so, upon what conditions.(d) A surety may utilize the services and assistance of any surety bondsman, professional bondsman, or runner licensed under G.S. 58-71-40 to effect the arrest or surrender of a defendant under subsection (a) or (b) of this section.  (1973, c. 1286, s. 1; 1995, c. 290, s. 2; 2000-133, s. 2; 2001-487, s. 46.5(a); 2013-139, s. 2; 2014-120, s. 12(b).)
NC Gen Stat § 15A-541 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-541 - Persons prohibited from becoming surety.

 15A-541. Persons prohibited from becoming surety.(a) No sheriff, deputy sheriff, other law-enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, assistant jailer, employee of the General Court of Justice, other public employee assigned to duties relating to the administration of criminal justice, or spouse of any such person may in any case become surety on a bail bond for any person other than a member of his immediate family. In addition no person covered by this section may act as agent for any bonding company or professional bondsman. No such person may have an interest, directly or indirectly, in the financial affairs of any firm or corporation whose principal business is acting as bondsman.(b) A violation of this section is a Class 2 misdemeanor. (1973, c. 1286, s. 1; 1993, c. 539, s. 299; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 15A-542 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-542 - False qualification by surety.

 15A-542. False qualification by surety.(a) No person may sign an appearance bond as surety knowing or having reason to know that he does not own sufficient property over and above his exemption allowed by law to enable him to pay the bond should it be ordered forfeited.(b) A violation of this section is a Class 2 misdemeanor. (1973, c. 1286, s. 1; 1993, c. 539, s. 300; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 15A-543 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-543 - Penalties for failure to appear.

 15A-543. Penalties for failure to appear.(a) In addition to forfeiture imposed under Part 2 of this Article, any person released pursuant to this Article who willfully fails to appear before any court or judicial official as required is subject to the criminal penalties set out in this section.(b) A violation of this section is a Class I felony if:(1) The violator was released in connection with a felony charge against him; or(2) The violator was released under the provisions of G.S. 15A-536.(c) If, except as provided in subsection (b) above, a violator was released in connection with a misdemeanor charge against him, a violation of this section is a Class 2 misdemeanor. (1973, c. 1286, s. 1; 1983, c. 294, s. 4; 1993, c. 539, s. 301; 1994, Ex. Sess., c. 14, s. 16; c. 24, s. 14(c); 2000-133, s. 3.)
NC Gen Stat § 15A-544.1 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-544.1 - Forfeiture jurisdiction.

 15A-544.1. Forfeiture jurisdiction.By executing a bail bond the defendant and each surety submit to the jurisdiction of the court and irrevocably consent to be bound by any notice given in compliance with this Part. The liability of the defendant and each surety may be enforced as provided in this Part, without the necessity of an independent action. (2000-133, s. 6.)
NC Gen Stat § 15A-544.2 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-544.2 - Identifying information on bond.

 15A-544.2. Identifying information on bond.(a) The following information shall be entered on each bail bond executed under Part 1 of this Article:(1) The name and mailing address of the defendant.(2) The name and mailing address of any accommodation bondsman executing the bond as surety.(3) The name and license number of any professional bondsman executing the bond as surety and the name and license number of the runner executing the bail bond on behalf of the professional bondsman.(4) The name of any insurance company executing the bond as surety, and the name, license number, and power of appointment number of the bail agent executing the bail bond on behalf of the insurance company.(b) If a defendant is released upon execution of a bail bond that does not contain all the information required by subsection (a) of this section, the defendant's order of pretrial release may be revoked as provided in G.S. 15A-534(f). (2000-133, s. 6.)
NC Gen Stat § 15A-544.4 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-544.4 - Notice of forfeiture.

 15A-544.4. Notice of forfeiture.(a) The court shall give notice of the entry of forfeiture by mailing a copy of the forfeiture to the defendant and to each surety whose name appears on the bail bond.(b) The notice shall be sent by first-class mail to the defendant and to each surety named on the bond at the surety's address of record.(c) If a bail agent on behalf of an insurance company executed the bond, the court shall also provide a copy of the forfeiture to the bail agent, but failure to provide notice to the bail agent shall not affect the validity of any notice given to the insurance company.(d) Notice given under this section is effective when the notice is mailed.(e) Notice under this section shall be mailed not later than the 30th day after the date on which the defendant fails to appear as required and a call and fail is ordered. If notice under this section is not given within the prescribed time, the forfeiture shall not become a final judgment and shall not be enforced or reported to the Department of Insurance.  (2000-133, s. 6; 2009-550, s. 1.)
NC Gen Stat § 15A-544.6 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-544.6 - Final judgment of forfeiture.

 15A-544.6. Final judgment of forfeiture.A forfeiture entered under G.S. 15A-544.3 becomes a final judgment of forfeiture without further action by the court and may be enforced under G.S. 15A-544.7, on the one hundred fiftieth day after notice is given under G.S. 15A-544.4, if:(1) No order setting aside the forfeiture under G.S. 15A-544.5 is entered on or before that date; and(2) No motion to set aside the forfeiture is pending on that date. (2000-133, s. 6.)
NC Gen Stat § 15A-544.7 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-544.7 - Docketing and enforcement of final judgment of forfeiture.

 15A-544.7. Docketing and enforcement of final judgment of forfeiture.(a) Final Judgment Docketed As Civil Judgment. - When a forfeiture has become a final judgment under this Part, the clerk of superior court, under G.S. 1-234, shall docket the judgment as a civil judgment against the defendant and against each surety named in the judgment.(b) Judgment Lien. - When a final judgment of forfeiture is docketed, the judgment shall become a lien on the real property of the defendant and of each surety named in the judgment, as provided in G.S. 1-234.(c) Execution; Copy to Commissioner of Insurance. - After docketing a final judgment under this section, the clerk shall:(1) Issue execution on the judgment against the defendant and against each accommodation bondsman and professional bondsman named in the judgment and shall remit the clear proceeds to the county finance officer as provided in G.S. 115C-452.(2) If an insurance company or professional bondsman is named in the judgment, send the Commissioner of Insurance a notice of the judgment, showing the date on which the judgment was docketed.(d) Sureties, Professional Bail Bondsmen, Bail Agents, and Runners May Not Execute Bonds in County. - After a final judgment is docketed as provided in this section, no surety named in the judgment shall become a surety on any bail bond in the county in which the judgment is docketed until the judgment is satisfied in full. In addition, no professional bail bondsman, bail agent, or runner whose name appears on a bond posted in that person's licensed capacity for which a final judgment of forfeiture has been entered shall sign any bond in any licensed capacity statewide until the judgment is satisfied in full.  (2000-133, s. 6; 2006-188, s. 2; 2016-107, s. 2.)
NC Gen Stat § 15A-544.8 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-544.8 - Relief from final judgment of forfeiture.

 15A-544.8. Relief from final judgment of forfeiture.(a) Relief Exclusive. - There is no relief from a final judgment of forfeiture except as provided in this section.(b) Reasons. - The court may grant the defendant or any surety named in the judgment relief from the judgment, for the following reasons, and none other:(1) The person seeking relief was not given notice as provided in G.S. 15A-544.4.(2) Other extraordinary circumstances exist that the court, in its discretion, determines should entitle that person to relief.(c) Procedure. - The procedure for obtaining relief from a final judgment under this section is as follows:(1) At any time before the expiration of three years after the date on which a judgment of forfeiture became final, any of the following parties named in the judgment may make a written motion for relief under this section:a. The defendant.b. Any surety.c. A professional bondsman or a runner acting on behalf of a professional bondsman.d. A bail agent acting on behalf of an insurance company.The written motion shall state the reasons for the motion and set forth the evidence in support of each reason.(2) The motion shall be filed in the office of the clerk of superior court of the county in which the final judgment was, entered. The moving party shall, under G.S. 1A-1, Rule 5, serve a copy of the motion on the district attorney for that county and on the attorney for the county board of education.(3) A hearing on the motion shall be scheduled within a reasonable time in the trial division in which the defendant was bonded to appear.(4) At the hearing the court may grant the party any relief from the judgment that the court considers appropriate, including the refund of all or a part of any money paid to satisfy the judgment.(d) Only One Motion. - No more than one motion by any party for relief under this section may be considered by the court.(e) Finality of Judgment as to Other Parties Not Affected. - The finality of a final judgment of forfeiture shall not be affected, as to any party to the judgment, by the filing of a motion by, or the granting of relief to, any other party.(f) Appeal. - An order on a motion for relief from a final judgment of forfeiture is a final order or judgment of the trial court for purposes of appeal. Appeal is the same as provided for appeals in civil actions. When notice of appeal is properly filed, the court may stay the effectiveness of the order on any conditions it considers appropriate.  (2000-133, s. 6; 2011-377, ss. 9, 10; 2013-139, s. 5.)
NC Gen Stat § 15A-546 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-546 - Contempt.

 15A-546. Contempt.Nothing in this Article is intended to interfere with or prevent the exercise by the court of its contempt powers. (1973, c. 1286, s. 1.)
NC Gen Stat § 15A-547 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-547 - Right to habeas corpus.

 15A-547. Right to habeas corpus.Nothing in this Article is intended to abridge the right of habeas corpus. (1973, c. 1286, s. 1.)
NC Gen Stat § 15A-547.1 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 26 - Bail.|§ 15A-547.1 - Remit bail bond if defendant sentenced to community or intermediate punishment.

 15A-547.1. Remit bail bond if defendant sentenced to community or intermediate punishment.If a defendant is convicted and sentenced to community punishment or intermediate punishment and no appeal is pending, then the court shall remit the bail bond to the obligor in accordance with the provisions of this Article and shall not require that the bail bond continue to be posted while the defendant serves his or her sentence. (1995, c. 290, s. 4.)
NC Gen Stat § 15A-602 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 29 - First Appearance Before District Court Judge.|§ 15A-602 - Warning of right against self-incrimination.

 15A-602. Warning of right against self-incrimination.Except when he is accompanied by his counsel, the judge must inform the defendant of his right to remain silent and that anything he says may be used against him. (1973, c. 1286, s. 1.)
NC Gen Stat § 15A-603 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 29 - First Appearance Before District Court Judge.|§ 15A-603 - Assuring defendant's right to counsel.

 15A-603. Assuring defendant's right to counsel.(a) The judge must determine whether the defendant has retained counsel or, if indigent, has been assigned counsel.(b) If the defendant is not represented by counsel, the judge must inform the defendant that he has important legal rights which may be waived unless asserted in a timely and proper manner and that counsel may be of assistance to the defendant in advising him and acting in his behalf. The judge must inform the defendant of his right to be represented by counsel and that he will be furnished counsel if he is indigent. The judge shall also advise the defendant that if he is convicted and placed on probation, payment of the expense of counsel assigned to represent him may be made a condition of probation, and that if he is acquitted, he will have no obligation to pay the expense of assigned counsel.(c) If the defendant asserts that he is indigent and desires counsel, the judge must proceed in accordance with the provisions of Article 36 of Chapter 7A of the General Statutes.(d) If the defendant is found not to be indigent and indicates that he desires to be represented by counsel, the judge must inform him that he should obtain counsel promptly.(e) If the defendant desires to waive representation by counsel, the waiver must be in writing in accordance with the provisions of Article 36 of Chapter 7A of the General Statutes except as otherwise provided in this Article. (1973, c. 1286, s. 1; 1981, c. 409, s. 1.)
NC Gen Stat § 15A-604 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 29 - First Appearance Before District Court Judge.|§ 15A-604 - Determination of sufficiency of charge.

 15A-604. Determination of sufficiency of charge. (a) The judge must examine each criminal process or magistrate's order and determine whether each charge against the defendant charges a criminal offense within the original jurisdiction of the superior court.(b) If the judge determines that the process or order fails to charge a criminal offense within the original jurisdiction of the superior court, he must notify the prosecutor and take further appropriate action, including one or more of the following:(1) Dismiss the charge.(2) Permit the State to amend the statement of the crime in the process or order.(3) Continue the proceedings, for not more than 24 hours, to permit the State to initiate new charges.(4) With the consent of the prosecutor, set the case for trial in the district court if the charge is found to be within the original jurisdiction of the district court. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
NC Gen Stat § 15A-605 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 29 - First Appearance Before District Court Judge.|§ 15A-605 - Additional proceedings at first appearance before judge.

 15A-605. Additional proceedings at first appearance before judge.The judge must:(1) Inform the defendant of the charges against him;(2) Determine that the defendant or his counsel has been furnished a copy of the process or order; and(3) Determine or review the defendant's eligibility for release under Article 26 of this Chapter, Bail. (1973, c. 1286, s. 1.)
NC Gen Stat § 15A-606 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 29 - First Appearance Before District Court Judge.|§ 15A-606 - Demand or waiver of probable-cause hearing.

 15A-606. Demand or waiver of probable-cause hearing. (a) The judge must schedule a probable-cause hearing unless the defendant waives in writing his right to such hearing. A defendant represented by counsel, or who desires to be represented by counsel, may not before the date of the scheduled hearing waive his right to a probable-cause hearing without the written consent of the defendant and his counsel.(b) Evidence of a demand or waiver of a probable-cause hearing may not be admitted at trial.(c) If the defendant waives a probable-cause hearing, the district court judge must bind the defendant over to the superior court for further proceedings in accordance with this Chapter.(d) If the defendant does not waive a probable-cause hearing, the district court judge must schedule a hearing not later than 15 working days following the initial appearance before the district court judge; if no session of the district court is scheduled in the county within 15 working days, the hearing must be scheduled for the first day of the next session. The hearing may not be scheduled sooner than five working days following such initial appearance without the consent of the defendant and the prosecutor.(e) If an unrepresented defendant is not indigent and has indicated his desire to be represented by counsel, the district court judge must inform him that he has a choice of appearing without counsel at the probable-cause hearing or of securing the attendance of counsel to represent him at the hearing. The judge must further inform him that the judge presiding at the hearing will not continue the hearing because of the absence of counsel except for extraordinary cause.(f) Upon a showing of good cause, a scheduled probable-cause hearing may be continued by the district court upon timely motion of the defendant or the State. Except for extraordinary cause, a motion is not timely unless made at least 48 hours prior to the time set for the probable-cause hearing.(g) If after the first appearance before a district court judge a defendant with consent of counsel desires to waive his right to a probable-cause hearing, he may do so in writing filed with the court signed by defendant and his counsel. Upon waiver the defendant must be bound over to the superior court. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)