What is pretrial release?

When a person is charged with a crime, they are arrested and taken to jail. Even though our criminal legal system is supposed to treat people as innocent until proven guilty, many people accused of crimes are held in jail awaiting trial unless they can pay large bonds. Even those who can pay bonds or are released on unsecured bonds (meaning there is no bond payment required unless and until they fail to come to court) may have conditions imposed for months or years, ranging from the extreme restrictions of house arrest with electronic monitoring to the least restrictive conditions involving things like periodic check-ins with supervisors.

There have been a lot of efforts nationally to reform this system and to reduce or eliminate cash bail, but North Carolina just took a huge step backwards.

What changed in 2025?

Previously, many people charged with crimes were released pursuant to a written promise to appear, an unsecured bond, or to the custody of a person or organization willing to supervise them. If a judge determined that such release would not ensure the appearance of the person charged in court, or would pose a danger to the community, then a secured bond or house arrest with electronic monitoring could be imposed.

On December 1, 2025, North Carolina Session Law 2025-93 (HB 307), also known as Iryna’s Law, went into effect. The biggest change in the law is around the creation of a new group of “violent offenses.” People charged with “violent offenses” now face a rebuttable presumption that there are no conditions of release that can ensure their appearance in court and the safety of the community.  If they can show the judge that they can safely be released, the judge is required to impose a secured bond, or house arrest and a secured bond.

Other changes include:

• judges must now review a person’s criminal history and housing situation before deciding release;
• written promise is eliminated as a form of pretrial release; and
• if someone has past violent charges, or was already on release for a violent case, house arrest may be required if available.

What charges are considered “violent offenses” and now carry a presumption against pretrial release?

According to the new law, a large number of felonies are considered “violent offenses,” including:

• Any Class A through G felony that includes assault, the use of physical force against a person, or the threat of physical force against a person, as an essential element of the offense, which includes:
  • Murder and voluntary manslaughter;
  • Assaults inflicting injury or on certain classes of protected people;
  • Assaults with deadly weapons;
  • Rape and sexual offenses;
• Any felony offense requiring registration as a sex offender, whether or not the person is currently required to register;
• Other enumerated offenses, including:
  • Death by distribution;
  • Discharging a weapon into occupied property;
  • Kidnapping;
  • Human Trafficking;
  • Burglary;
  • Arson;
  • Robbery;
  • Stalking;
  • Possession of a firearm by a felon; and
  • Trafficking in fentanyl.
• Attempts to commit any offense considered a “violent offense.”

A helpful list of included offenses is available here.

What if I am charged with one of these crimes?

If you or a loved one is charged with a “violent offense,” it is very important to have a lawyer who will fight for your release. The law starts with the idea that you should stay in jail, but that does not mean release is impossible. A judge must first get and review your full criminal history. The judge then looks at many other things, such as what the charge is, how strong the evidence seems, and the details of the case. The judge also considers your family and community support, job, money, character, where you live, and mental health. The lawyers at our firm know how these hearings work and how judges apply the law. We take the time to learn your story, gather helpful information, and present strong arguments for secured bond or house arrest so you have the best chance to get home while your case is pending.