Burke County Bail Information
Understanding bail amounts, the release process, and what happens after a arrest in Burke County.
How Bail Bonds Work
Option 1: Cash Bond (Pay Full Amount)
How it works: Pay the full bail amount to the court
Pros: Get full amount back after case concludes (minus court fees)
Cons: Requires full amount upfront
Option 2: Bail Bondsman (Most Common)
How it works: Pay 10-15% fee to bondsman, they post full bail
Cost: Typically 10% of bail amount (non-refundable)
Pros: Only need 10% upfront instead of full amount
Cons: Fee is non-refundable, may require collateral, co-signer assumes liability
Co-Signer Liability Warning
Important for Co-Signers:
- You are 100% liable if defendant does not appear in court
- You must pay the full bail amount if defendant skips
- Bondsman can seize collateral (house, car, etc.)
- You cannot cancel the bond - only the court can
- Liability continues until case is fully resolved
Release Timeline
Arrest & Booking (2-8 hours)
Fingerprinting, photographing, background check, medical screening
Arraignment (Within 24-48 hours)
First court appearance, judge sets bail amount, charges are read
Bail Posted (1-4 hours)
Family contacts bondsman, paperwork signed, fee paid
Release (2-6 hours)
Processing, release paperwork, return of personal property, court date assigned
Total Time Estimate
From arrest to release: 12-48 hours depending on booking workload, time of arrest (weekends take longer), and how quickly bail is posted.
After Release: Critical Deadlines
1. Request MVD Hearing - 15 Days
You have only 15 days from arrest to request your administrative license hearing. This is separate from your criminal case.
2. Retrieve Your Vehicle
Impound fees accrue daily. Get your car as soon as possible to avoid hundreds in storage fees.
Calculate Impound Costs3. Hire an Attorney
A attorney can help with license hearings, plea negotiations, and potentially getting charges reduced or dismissed.
Find Burke County Lawyers4. Appear at ALL Court Dates
Missing court will result in bond forfeiture, arrest warrant, and additional charges. Your co-signer will be liable for the full bail amount.
Navigating Bail and Release After a DUI Arrest in Burke County, NC
If you've been arrested for Driving While Impaired (DWI) in Burke County, North Carolina, understanding the bail process and your options for release is crucial. The legal landscape has shifted significantly in recent years, particularly with the implementation of the Pretrial Integrity Act and the eCourts system. This guide provides a detailed overview of what to expect and how to navigate the system effectively.
Initial Steps After Arrest
Following a DWI arrest, you'll likely be taken to the Burke County Jail. The first step is determining your eligibility for release. The magistrate will assess your risk of flight and danger to the community. Factors considered include your criminal history, ties to the community, and the severity of the alleged offense.
Important: If your Blood Alcohol Content (BAC) was 0.15 or higher, North Carolina law mandates the installation of an Ignition Interlock Device (IID) on your vehicle as a condition of a Limited Driving Privilege (LDP).
Understanding Bail Options
Bail in Burke County can take several forms:
- Cash Bond: Posting the full bail amount in cash.
- Surety Bond: Using a bail bondsman who charges a percentage of the bail amount (typically 10-15%).
- Unsecured Bond: A written promise to appear in court, with no upfront payment required unless you fail to appear.
- Release on Recognizance (ROR): Release based on your promise to appear, often with conditions like abstaining from alcohol or submitting to drug testing.
The amount of bail is set by a magistrate or judge based on the severity of the charges and your criminal history.
The Impact of the Pretrial Integrity Act
The Pretrial Integrity Act has significantly impacted DWI cases in Burke County. It emphasizes pretrial confinement, meaning that individuals deemed a high risk may be held in jail until their trial. This makes it even more critical to present a strong case for release at your initial hearing.
Obtaining a Limited Driving Privilege (LDP)
Even if you are released on bail, your driver's license will be revoked for 30 days if your BAC was 0.08 or higher. However, after 10 days, you can petition the court for a Limited Driving Privilege (LDP) to drive to work, school, or substance abuse treatment. To obtain an LDP, you'll need:
- DL-123 Form: Proof of insurance.
- Substance Abuse Assessment: This typically costs around $100 and can be obtained from providers like My Next Steps of Morganton (712 Jamestown Road) or Archway Counseling (222 West Union Street).
- $100 Court Fee: Payable to the Clerk of Court.
- Judge's Signature: You must obtain a judge's signature on the LDP order.
Navigating the eCourts System
Burke County transitioned to the eCourts system in October 2025. This means that case files are now digital and accessible through the Odyssey Portal. Be prepared for potential delays and technical issues as the court system adjusts to the new system. "File not found" errors and slow docket updates are common during this transition.
Courthouse Logistics: Parking and Cell Phones
The Burke County Courthouse is located at 201 South Green St, Morganton. Be aware of the following:
- Parking: The City of Morganton uses the T2 Mobile System for downtown parking. The "free" spaces around Courthouse Square are monitored by license plate recognition cameras. Exceeding the 2-hour or 4-hour limit will result in a parking citation. Consider using the all-day free lots located blocks away.
- Cell Phones: The 25th Judicial District prohibits the public from bringing cell phones into the courthouse. If you Uber to court or get a ride and bring your phone, you will be denied entry at the security checkpoint.
License Restoration After 30 Days
After the initial 30-day revocation period, your license is not automatically reinstated. You must go to the Clerk of Court, pay a $100 restoration fee, and obtain a receipt to clear your status in the DMV computer.
The Morganton DMV Office
The local DMV office is located at 115 Government Drive. Be prepared for long wait times, especially for walk-in appointments in the afternoon (12pm-5pm). Mornings (7am-12pm) are often appointment-only.
Ignition Interlock Device (IID) Installation
If your BAC was 0.15 or higher, you will be required to install an IID on your vehicle. Note that there are currently no certified IID installation centers within Morganton city limits. The nearest service centers for major providers like Monitech and Smart Start are located in Hickory. This means you'll need to arrange transportation to Hickory for the initial installation and subsequent monthly calibrations.
Refusal to Submit to a Breath Test
If you refused to submit to a breath test, you have only 10 days to mail a hearing request to the DMV in Raleigh. Missing this deadline will result in a mandatory 1-year revocation, even if the DWI charge is later dismissed in criminal court.
Next Steps
If you have been arrested for DWI in Burke County, your next step should be to contact the Clerk of Court to confirm the status of your case and any upcoming court dates. The Burke County Clerk of Superior Court can be reached at (828) 439-4500.
Sources
North Carolina Penal Code
Burke County Sheriff's Office
Texas Department of Public Safety