§ 15A-539. Modification upon motion of prosecutor. - North Carolina Statutes

§ 15A‑539.  Modificationupon motion of prosecutor.

(a)        A prosecutor may atany time apply to an appropriate district court judge or superior court judgefor modification or revocation of an order of release under this Article.

(b)        A district orsuperior court judge may, upon motion of the State or upon the judge's ownmotion, and for good cause shown, conduct a hearing into the source of money orproperty to be posted for any defendant who is about to be released on asecured appearance bond. The court may refuse to accept offered money orproperty as security for the appearance bond that, because of its source, willnot reasonably assure the appearance of the person as required. The State shallhave the burden of proving, by a preponderance of the evidence, the factssupporting the court's decision to refuse to accept the offered money orproperty as security for the bond.

(c)        Nothing in thissection shall affect the legal rights of any surety on a bail bond, bondingcompany, or a professional bondsman. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2005‑375,s. 1.)