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New North Carolina No Bond Law Changes Explained (Iryna’s Law)

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New North Carolina No Bond Law Changes Explained (Iryna’s Law)

North Carolina No Bond Law Iryna's Law

What Is Iryna’s Law?

On December 1, 2025, the NC General Assembly enacted a new North Carolina No Bond Law called Iryna’s Law (Session Law 2025-93, codified as N.C.G.S. 15A-531(9)). Sometimes spelled “Irina’s Law” or “Irinya Law,” this law changes how judges set bond for people charged with violent offenses.

Iryna’s Law was enacted in response to the high-profile killing of Ukrainian refugee Iryna Zarutska in Charlotte. The law aims to ensure public safety by creating a presumption of no bond for certain offenses classified as violent. While judges still have discretion, the burden to show that a defendant should be released pretrial now rests largely on the defendant.

When Did Iryna’s Law Take Effect?

The law became effective on December 1, 2025, and applies to offenses committed on or after that date. Courts across North Carolina, including Haywood, Buncombe, Jackson, Macon, Swain, Clay, Henderson, Polk, Transylvania, and Cherokee Counties, have already begun applying the new rules.

What Crimes Are Covered by the North Carolina No Bond Law (Iryna’s Law)?

Iryna’s Law reclassifies what is considered a “violent offense.” This can lead to a no bond determination. Covered crimes include:

  • Any Class A–G felony that involves assault, use of physical force, or threat of physical force
  • Felony offenses requiring sex offender registration
  • Crimes listed under G.S. 14-17, 15A-533(b)
  • Specific offenses under:
    • 14-18.4, 14-34.1, 14-51, 14-54(a1), 14-202.1, 14-277.3A, 14-415.1
    • 90-95(h)(4c) involving fentanyl
  • Attempts to commit any of the listed offenses

Examples of new “no-bond” offenses under Iryna’s Law include:

  • Felony in Possession of a Firearm
  • Felony Assault by Strangulation
  • Felonies involving Assault, Firearms, or Serious Injuries
  • Assault by Pointing a Gun
  • Burglary or Breaking/Entering to terrorize occupants
  • Indecent Liberties with Children (formerly low-bond first offenders)
  • Stalking
  • Trafficking in Opioids or Fentanyl

Does Iryna’s Law Eliminate Bond?

No, bond is not completely eliminated, but the law creates a presumption that violent offenders should be held without bond to ensure community safety.

This means:

  • Judges are more likely to deny bond or set very high bond amounts
  • The defendant now carries the burden to show why pretrial release is appropriate
  • Many defendants are being held without bond in practice, even for crimes that previously received secured or low bonds

Types of Bonds Available Under Iryna’s Law

For covered violent offenses, the court can now only issue:

  • Unsecured bonds
  • Custody releases
  • Secured bonds
  • Electronic house arrest

Written promises to appear are generally not permitted for violent offenses under this law.

Who Decides Whether Bond Is Allowed?

Bond is initially determined by:

  • A district court judge
  • A magistrate
  • A superior court judge

Bond is usually set at the 48-hour initial appearance and can be reconsidered at the 96-hour hearing or other pretrial motions. Experienced attorneys can file bond motions at any stage to request modification or conditions for pretrial release.

Can a Judge Still Release Someone?

Yes. Judges retain discretion under the new North Carolina No Bond Law. However, in practice:

  • Bonds are often set higher or denied entirely
  • Additional conditions may be required for pretrial release (electronic monitoring, curfew, supervision)

What Happens at the First Appearance?

During the first appearance (within 48 hours):

  • The judge informs the defendant of charges and potential penalties
  • An initial bond is set, if allowed
  • If the offense is covered under Iryna’s Law, a no bond determination is likely until a later hearing (usually within 96 hours or up to 14 working days for probable cause hearings)

How Is This Different From the Old Bond Law?

Before December 1, 2025:

  • Courts often set secured bonds even for violent offenses
  • The State carried the burden to show a defendant should be held without bond
  • Findings of fact were not always required

Now under Iryna’s Law:

  • The burden of proof is shifted to the defendant
  • Courts must presume no bond for violent offenses
  • Many defendants who previously would have received low or secured bonds are now held without bond

Can You Still Get Pretrial Release in NC?

Yes, pretrial release programs still exist under the new North Carolina No Bond Law, but:

  • Eligibility for violent offenses is much more limited
  • Some counties may allow conditional release, but it depends on the judge and the specific offense

What Should Families Do Right Now?

When a no-bond order is issued:

  • Families should contact an experienced criminal defense attorney immediately
  • Attorneys can:
    • Request bond hearings
    • Present witness testimony and evidence
    • Explore conditions like electronic monitoring, curfew, or pretrial release
    • Use hearings to assess the State’s case early

Practical advice:

  • Stay informed about hearing dates
  • Gather evidence or witnesses to support the defense
  • Understand that pretrial release may still be possible with a strong legal strategy

If you or a loved one has been charged under Iryna’s Law in North Carolina, contact our state board-certified criminal defense attorneys today to discuss bond options and pretrial strategy. Don’t wait — timely action can make a critical difference in protecting your rights and freedom.
CALL NOW – 828-246-9360

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