If you or someone you care about is arrested, the hours that follow can be frightening. You may not know what to expect and, importantly, whether you will be released from jail.
Iryna Zarutska was a 23-year-old refugee from Ukraine who was riding the Lynx light rail in Charlotte when she was stabbed. The alleged attacker had a long history of criminal charges and had been released in an unrelated matter prior to the attack. Her death sparked immediate legislative action that tightened up rules regarding pretrial releases.
The pretrial-release provisions took effect December 1, 2025, and anyone facing serious criminal charges in North Carolina may be affected by these new rules. At Greenwood Law in Winston-Salem, our experienced criminal defense lawyers aggressively defend those who have been arrested and charged with crimes throughout the area.
How Does This Change What Happens at a Bond Hearing?
Before Iryna’s Law, North Carolina courts generally made the prosecutors argue that a defendant should not be released. The law favored releasing defendants, with conditions set to protect the community and ensure the defendant appeared for court. Judges and magistrates considered factors like the seriousness of the charge, the defendant’s ties to the community, and any prior criminal history.
Now, for certain serious charges, it is the defendants who must argue that they should be released. The presumption is that no release conditions can adequately protect the public or ensure the defendant will appear for court. This means that the defense must come forward with evidence that favors their release rather than simply waiting for the state to make its case not to release them.
In order to overcome that presumption, criminal defense attorneys usually have to submit credible, verified evidence addressing factors such as:
- Nature and circumstances of the offense
- Weight of evidence against the defendant
- Prior criminal record
- Court appearance history
- Ties to the community such as family, employment, and residence
- Risk of flight or danger to the community
Gathering that kind of evidence takes time and preparation. That is why reaching out to an attorney as early as possible matters so much.
If a judge does grant release despite the presumption, the conditions are more structured than they were before. For many families, a cash bond or property bond may be required.
Which Legal Changes Are Covered Under Iryna’s Law?
Certain violent crime charges are covered by the new law. The law’s definition of “violent offense” includes Class A through G felonies involving assault or the use or threat of physical force, certain sex offenses requiring registration, trafficking fentanyl, and other specific felonies.
More specifically, Iryna’s Law applies to defendants charged with first- and second-degree murder, voluntary manslaughter, some types of sexual offenses, robbery with a dangerous weapon, and other felonies. And importantly, Iryna’s Law requires a judge to consider the person’s criminal history (including arrests, not just prior convictions) when setting the conditions of their release. This expands the previous law where a defendant’s record of convictions was primarily considered.
Two additional provisions may affect defendants and their families beyond the bond hearing itself. If an alleged offense took place on a bus, light rail, or other public transit including PART buses or regional transit, a judge may consider that an aggravating factor when determining a sentence. Also, a judicial official will soon be required to order a mental health examination of the defendant in certain circumstances. However, this change has not yet come into effect.
Get Legal Help Before the Bond Hearing
If you or a family member has been arrested in Winston-Salem, Greensboro, High Point, or anywhere in the surrounding area, contact Greenwood Law as early as possible. Preparation before that first hearing can make a real difference in the outcome of your case.