Bail for Burglary Charges in North Carolina: What Families Should Know
Whether someone can be released after a burglary arrest depends on the exact charge, the court's review of the case, and the release conditions a judicial official sets. A bail bondsman cannot decide eligibility or set the bond amount — but once an eligible secured bond is authorized, a bondsman can help post it.
Updated 2026-09-15
Why the Exact Burglary Charge Matters
Burglary in North Carolina is divided into first-degree and second-degree. The degree of the charge affects how the court approaches pretrial release, so the first step is confirming the exact charge on the paperwork.
- First-degree burglary generally involves a dwelling that was occupied at the time. First-degree burglary is also subject to a specific pretrial-release rule under G.S. 15A-533(b). That rule should not be applied automatically to second-degree burglary.
- If you are unsure which degree applies, read our guide to burglary charges in North Carolina before assuming what release conditions will apply.
Who Decides Whether Release Is Allowed?
Who decides depends on the charge. For first-degree burglary, G.S. 15A-533(b) requires a judge to determine whether pretrial release is available. Other burglary charges follow the applicable general pretrial-release rules.
- For first-degree burglary, North Carolina law under G.S. 15A-533(b) requires a judge, not a magistrate, to set conditions of release. The statute creates a rebuttable presumption that no condition of release will reasonably assure the person's appearance and the safety of the community. A judge may authorize release if that presumption is overcome.
- This special rule applies specifically to first-degree burglary. It should not be applied automatically to a second-degree burglary charge.
- Do not assume that an arrest means the person will stay in custody until the case ends. The court reviews the circumstances and sets conditions it considers appropriate.
How Much Is Bail for Burglary?
There is no single bail amount that applies to every burglary case. The amount and type of bond depend on the charge, the person's history, and the court's review.
- Do not rely on a number you saw online or heard from someone else. Confirm the current release conditions and, if a bond has been set, the amount and type.
- If the person is held in Wake County, you can check Wake County custody information to help confirm the current bond status.
When Can a Bail Bondsman Help?
A bail bondsman becomes relevant only after the court has authorized a secured bond that can be posted through a surety. The bondsman does not set the amount, change the conditions, or guarantee release.
- The bond amount is what the court requires. The bail bond premium is the cost of the bondsman's service — and under North Carolina law, the premium may not exceed 15% of the bond amount. That is a legal maximum, not a fixed rate.
- Collateral may also be required depending on the bond and agreement. It is separate from the premium and is returned after final termination of liability on the bond, subject to North Carolina requirements.
- For the full explanation of how the process works, see our guide to how bail works in North Carolina.
What Should Families Have Ready?
Gather the following information before contacting a bondsman. You do not need every detail, but having this information available helps the bail agent understand the bond situation.
- The person's full legal name and date of birth.
- The county and facility where they are being held.
- The exact charge — first-degree or second-degree burglary.
- The bond amount and type, if one has been set.
- Any release conditions or court-date information available.
Bail Bond Help
Need Help With a Burglary Bail Bond in North Carolina?
If a secured bond has been set after a burglary arrest, Amistad Bail Bonds is available 24/7 to review the bond information with you.