What You Should Know

Iryna’s Law limits when a defendant may be released on bond
and requires that certain cases be reviewed by a judge rather than a magistrate.
For affected charges, release is no longer automatic or routine,
and pretrial detention may last longer while the court evaluates safety concerns.

What Is Iryna’s Law?

Iryna’s Law is named after Iryna Shestakova,
whose death led lawmakers to reevaluate how pretrial release decisions
are made in violent crime cases.

The law amended North Carolina’s pretrial release statutes
to restrict immediate bond eligibility for certain offenses
and to increase judicial oversight before release.

How Bond Worked Before the Law

Prior to Iryna’s Law, many defendants— including those charged with serious offenses—
could be granted bond by a magistrate shortly after arrest.
In many cases, release conditions were set quickly,
sometimes within hours.

While public safety was always a consideration,
magistrates had broader discretion to set bond immediately.

What Changed Under Iryna’s Law

Iryna’s Law created a new framework for certain categories of offenses.
For qualifying charges, a defendant:

• May not be released on bond by a magistrate
• Must appear before a district court judge for bond consideration
• May remain in custody until a judicial bond hearing occurs

The law is designed to give judges more time and information
before deciding whether release is appropriate.

Offenses Commonly Affected by the Law

Iryna’s Law applies primarily to certain violent and serious criminal charges.
While the exact list is defined by statute,
affected offenses often include:

• Violent felony charges
• Offenses involving serious bodily injury
• Crimes involving threats to public safety
• Repeat violent conduct

Whether a charge qualifies depends on how it is classified under North Carolina law.

What Judges Consider at an Iryna’s Law Bond Hearing

When a case falls under Iryna’s Law, a judge evaluates bond using a broader lens.

Courts may consider:

• The nature and seriousness of the alleged offense
• Risk to the alleged victim or the public
• Criminal history
• Prior failures to appear
• Community ties and employment
• Whether conditions can reasonably ensure safety

The hearing focuses on safety and risk, not guilt.

How Iryna’s Law Affects Defendants

For individuals charged with qualifying offenses,
Iryna’s Law can mean:

• Longer time in custody before release decisions
• More restrictive bond conditions
• Higher bond amounts
• Increased importance of early legal representation

The law significantly raises the stakes at the earliest stage of a case.

Common Questions About the New Bond Law

Does Iryna’s Law apply to every criminal charge?

No. It applies only to certain statutorily defined offenses.
Many charges are still eligible for magistrate-set bond.

Does this mean bond will always be denied?

Not necessarily. Judges may still grant bond,
but only after a formal hearing and review.

How quickly does a judge hearing happen?

Timing varies by county and court schedule,
but the law allows additional time before release decisions are made.

Why Early Criminal Defense Matters More Than Ever

Because Iryna’s Law shifts bond decisions to judges
and emphasizes safety considerations,
early defense preparation is critical.

Defense counsel may address:

• Bond eligibility under the statute
• Appropriate release conditions
• Mitigation evidence
• Constitutional and procedural issues

This article provides general information, not legal advice.
Each case depends on its specific facts.

Criminal Defense Representation Under Iryna’s Law

Burts Law, PLLC represents individuals affected by North Carolina’s new bond law
and other pretrial release issues.
Our approach focuses on early intervention,
careful legal analysis,
and protecting clients’ rights at the earliest stages of a case.

Contact Burts Law, PLLC to discuss how Iryna’s Law
may affect your case and what to expect at a bond hearing.