Pretrial Services

The Orange County Pretrial Services program works with people who have been detained and are awaiting a first appearance with a judge and those for whom the court has ordered pretrial supervision.

The Pretrial Services staff collect information from the accused, the courts, and others, with the goal of making the first appearance with a judge as meaningful as possible by sharing all of the information needed to make an informed pretrial decision that balances the rights of the accused with the need for community safety.

Pretrial Services seeks to minimize unnecessary detention by supervising people who are likely to appear for future court dates and do not pose a serious risk to the community. This work results in reduced rates of incarceration, less disparities based on an individual’s race or financial resources, and reduced costs for the County. Most significantly, individuals who remain in the community pretrial are able to maintain employment, remain with family, maintain stable housing, access treatment, and aid in their own defense.

Pretrial Services also administers a weekly Strike Order docket, which gives people who have failed to appear for past court dates an opportunity to explain their absence, reschedule those dates, and avoid being arrested and possibly jailed or charged additional fines and fees.

Mission

The mission of Pretrial Services is to share information between the accused, the jail, the court, and the attorney to help communication across the system; to provide information to assist in informed pretrial release decision-making; to supervise individuals placed on pretrial release; and to help individuals access resources such as behavioral health services, social services, treatment, and/or connection to family members.

Process

Pretrial Services meets with everyone detained in the Orange County Detention Center before their first appearance with the judge. The team speaks to the accused, the victim (if there is one), family members, attorneys, and others to collect and verify information about each detained person's community ties, employment, education, physical and mental health, and substance use disorder treatment needs. 

This information is provided to judicial officials to use in making more informed decisions about pretrial release conditions. Based on a validated risk assessment tool called the Public Safety Assessment (PSA), Pretrial Services will also provide a recommendation to the court about what level of supervision is appropriate if the judge decides to release the accused from custody. In addition, this information is used to assist the team in supervision of the individual or to share with CJRD's Clinical Coordinator (a licensed clinical social worker) if the individual remains in custody. Pretrial Services or the Clinical Coordinator may also make referrals to residential treatment and outpatient providers.

Upon release and while awaiting trial, Pretrial Services will supervise and monitor compliance with all Pretrial Release conditions. Three levels of supervision (Levels 2-4) are available to the judge, and court reminders and increasing contact with Pretrial Services are required for each level.

First Appearance Hearings

First Appearance hearings in Orange County are held for all individuals charged and detained on misdemeanor or felony offenses. The hearings occur Monday through Friday at 2 p.m. in Courtroom 3 of the Orange County Courthouse in Hillsborough. The District Attorney’s Office and Public Defender’s Office are both represented at these hearings.

Strike Orders

Pretrial Services assists the Clerk of Superior Court in weekly hearings with people seeking Strike Orders for failures to appear in court. These hearings are held every Thursday at 9 a.m. in Hillsborough. Individuals seeking a Strike Order must report to the Office of the Clerk of Court between 8:30 and 9 a.m. on Thursday.

Each week, individuals who failed to attend a previous court date can have these cases re-calendared to a future date if there is no history of failing to appear or if there is a verified excuse for missing court. There is also a statewide review of traffic citations and infractions that allows individuals to learn about any unpaid fees/fines, thereby decreasing the likelihood of having their driving privileges suspended. Finally, reviewing statewide criminal backgrounds allows Pretrial Services to alert individuals of approaching court dates, which increases the likelihood of court appearances. Rescheduling these cases helps individuals avoid arrest or detention and can assist individuals in retaining or restoring their driving privileges.

At these hearings, the Clerk and Pretrial Services perform the following tasks:

• Review the case and failure to appear history as well as any documented excuse for missing court.
• Reschedule new court dates for criminal and traffic cases, where appropriate.
• Work with counsel and the District Attorney’s Office to seek resolution of the matter, where appropriate.
• Review driving histories and criminal histories to inform individuals about unpaid fines and future court dates.
• Where detention is being considered, the Case Manager will complete a Pretrial Release intake and offer the Court a recommendation for supervision.

Custody Review

The Pretrial Services team continuously monitors the daily jail list to determine if any individuals remain in custody on low cash bonds for non-violent offenses. CJRD staff regularly consults with Detention Center administrators and court stakeholders about these individuals to determine if pretrial release conditions can be reconsidered.

Resources

Pretrial Services Brochure

Orange County judges enact bail reform policy regarding wealth-based detentions - The Daily Tarheel, January 31, 2022

Orange County Bail Policy, January 24, 2022

Pretrial Reform in Orange County North Carolina, Reports by the School of Government's Criminal Justice Innovation Lab

Report of Orange County Pretrial Working Group, September 2020