Arrested on New Year’s Eve? What Happens Next

Quick Summary

• After a New Year’s Eve arrest, the person is booked at the jail, and a judicial official (often a magistrate) typically sets initial release conditions, even when courts are closed. 
• In 2026, North Carolina courts are closed on New Year’s Day (Thursday, January 1, 2026), so court hearings may not happen until the next business day depending on the county and the case. 
• If a bond is set, a bail bondsman can often post it right away. The biggest “delay” is usually jail processing volume, not the bond paperwork. 
• Missed court dates can trigger forfeiture consequences under North Carolina law. 

New Year’s Eve is a high-enforcement holiday period, especially for alcohol-related incidents and impaired driving. National traffic safety data shows the Christmas/New Year period is linked with increased drunk-driving deaths, which often means more stops and more arrests. 

So if someone you love is arrested on New Year’s Eve, it can feel like everything is stacked against you: busy jails, holiday staffing, and court closures. Here is what actually happens next and when you can take action.

Step 1: What Happens Immediately After a New Year’s Eve Arrest

After an arrest, the person is taken to the local jail for booking. Booking usually includes:

• Fingerprinting
• Photos
• Personal property inventory
• Entering charges into the system

Then, the person is typically brought before a judicial official to have conditions of pretrial release set (this often happens at an initial appearance before a magistrate). 

Even if the courthouse is closed for the holiday, magistrate operations generally continue so the bail process can still start.

Good to know: There are exceptions for certain charges where only a judge can set conditions within a specific time window (for example, some domestic violence-related cases have a “judge-only” period). 

Step 2: When Courts Reopen (and Why It Matters)

Courts are typically closed on:

• New Year’s Day
• Weekends surrounding the holiday (depending on how the calendar falls)

For 2026, the NC Judicial Branch holiday schedule lists New Year’s Day: Thursday, January 1, 2026 as a court holiday. 

Why that matters:

• If a magistrate sets a bond, you may be able to secure release without waiting for a judge.
• If a bond is not set (or the case requires a judge-first hearing), the person may have to wait until courts reopen for the next step in the process. 

Because county procedures can vary—and weather or local advisories can affect operations—it is smart to check the Judicial Branch’s Court Closings and Advisories page for updates. 

Step 3: How a Bail Bondsman Helps Before Courts Reopen

If a bond is set, bail bond professionals can usually post bond even when courts are closed.

That means you often do not need to wait for a judge to be available before you start moving.

Big Mike Bail Bonds can typically help by:

• Confirming the bond amount
• Walking you through what is needed to sign
• Starting paperwork by phone/online
• Sending a licensed bondsman to the jail once everything is ready 

If your case is in Wake County, start here: Raleigh, NC bail bonds for fast, 24/7 help, including holidays.

If it is Durham County, Big Mike also offers Durham bail bonds support as well. 

Step 4: What You’ll Pay for Bail on a Holiday Weekend

A lot of families worry that “holiday bail costs more.” Reputable companies do not suddenly change the rate because it is New Year’s.

In North Carolina, bail bond premiums are regulated (and your bondsman should be transparent about what you owe and why). For a simple example:

• $3,000 bond → $450 premium (15%)

The key is getting a clear breakdown before you sign anything.

For straightforward answers about premium, collateral, and what families usually need on a holiday arrest, Big Mike’s FAQs are a helpful place to start. 

Step 5: How Long Release Takes on New Year’s Eve or Day

This is the part that frustrates families: even when the bond is handled quickly, release timing can still vary.

Release time usually depends on:

• Booking volume (New Year’s Eve can be slammed)
• Holiday staffing levels
• County procedures (Wake, Durham, Johnston, Sampson, etc.)
• Bond type and internal jail steps

In other words: your bondsman may be able to move fast, but the jail’s processing timeline is often the variable.

If you need immediate help across any service area, use Big Mike’s Contact page to reach someone 24/7. 

Step 6: What Happens After Release During the Holiday Weekend

After release, the defendant receives paperwork that includes:

• Any release conditions
• Court date information (or instructions for the next appearance)
• Reminders about consequences for missing court

This is where families should shift from “get them out” to “keep things on track.”

A Failure to Appear (FTA) can trigger forfeiture consequences. North Carolina law outlines that if a defendant released on a bail bond fails to appear as required, the court enters forfeiture for the bond amount. 

If you are unsure about upcoming court information, the NC Judicial Branch also offers tools for checking court dates (depending on the case type and county). 

FAQs: New Year’s Arrests in North Carolina

Q: Can you really bail someone out on New Year’s Eve?

Yes, if a bond is set, a bondsman can often post it right away, even late at night. 

Q: What if the person is intoxicated?

Some jails hold individuals until they are medically cleared or sober enough to be released. The bail process can still start, but eligibility to leave the facility may take additional time.

Q: Do holidays change the cost of bail?

The premium should not increase just because it is a holiday. Always ask for the total cost clearly before signing. 

Q: How long until courts reopen?

It is typically the next business day after the holiday, but weekend timing and local operations can extend it. The official Judicial Branch holiday schedule is the best baseline reference. 

Quick Action Matters After a New Year’s Eve Arrest

Holiday arrests can feel overwhelming—especially when courts are closed and you are unsure how long someone will be held. But if a bond is set, you often do not have to wait for court to reopen to start getting help.

Big Mike Bail Bonds is available 24/7, including New Year’s Eve, New Year’s Day, and the entire holiday weekend. If you need fast bail bond support in Raleigh, Durham, Smithfield, Goldsboro, Clinton, Kenansville, or Lillington, reach out right away through the Big Mike Bail Bonds contact page.