N.C. R. Prac. Sup. & Dist. Ct. Civ. P., Judicial District 19C Official Policies On Pretrial Release, General Provisions Regarding Pretrial Release, XII
A magistrate does not have authority to grant pretrial release to any defendant charged with a capital offense.
A District Court judge or a Superior Court judge may fix bail in all eligible cases.
Charging an individual as a Habitual Felon changes the punishment level for the underlying felony by enhancing the underlying felony four classes for sentencing purposes, but not to exceed a Class C Felony, as follows:
For underlying felony offenses Class I to a Class E,
For underlying felony offenses Class H to a Class D, and
For all other underlying felony offenses Class G through Class D to Class C.
However, being a Habitual Felon is a status and not a separate offense. This is true even though the Habitual Felon charge is contained in a separate warrant or indictment.
Therefore, persons charged as a Habitual Felon should be placed under release conditions appropriate for the underlying charge. Judicial Officials should not impose other than nominal additional release conditions, such as a WP per the standing Administrative Order, upon an individual being charged as a Habitual Felon. If the judicial official believes the conditions of release need to be modified, the appropriate modification should be to the release order for the underlying offense.
N.c. R. Prac. Sup. & Dist. Ct. Civ. P., Judicial District 19C Official Policies On Pretrial Release, General Provisions Regarding Pretrial Release, XII