Bond Hearings in South Carolina
As a criminal defense attorney in Rock Hill, I often get calls from people wanting to know whether their friend or family member can get a bond hearing. Some criminal defendants receive conditions of bond (or bail) from the bond judge at the jail facility in the hours, usually no more than a day, following their arrest. Other defendants receive a bond amount which they cannot afford, are denied bond by the bond judge on a charge for which the judge could have set a bond, or are denied bond by the bond judge because the charge is one on which a circuit court judge must set bond.
Things to Consider for a Bond
There are essentially two considerations that a judge will take into account in bond hearings in South Carolina: the defendant’s risk of flight and the defendant’s potential danger to the community. Whether a person charged with a crime poses a risk of flight is determined by several factors.
A judge will look first at the seriousness of the charge. More serious charges increase the likeliness that a defendant will fail to appear for court.
The judge will also consider the defendant’s ties to the community, including where the defendant works, whether he or she has family or children in the area, and how long the person has lived in the area.
A defendant’s potential danger to the community is often evaluated in terms of the person’s prior criminal record and the alleged nature of the charges.
What Happens if You’ve Been Granted a Bond?
If a bond judge or circuit judge decides to grant a defendant a bond, they will also consider whether to grant a personal recognizance (PR) bond or a surety bond. A PR bond does not require the defendant to put up any bond amount to secure their appearance in court. A surety bond requires that the person either deposit cash with the bond court in the amount of the bond, seek the assistance of a bail bondsman, or put up property with a value equal to or greater than the bond. A bail bondsman will present bond surety insurance to satisfy the bond. The bondsman’s fee will be kept by the bondsmen regardless of the result in the case.
In my experience as a criminal defense attorney (in York County primarily), personal recognizance bonds are less frequent than surety bonds.
What Happens if You’ve Been Denied a Bond?
When a defendant has been denied bond because the bond judge thought it inappropriate to set bond or lacked jurisdiction to set bond, the defendant can make a motion in General Sessions court before a circuit court judge that the court set bond. Bond hearings in General Sessions court are generally more involved than those held initially in the bond court. Often, the solicitor (prosecutor) will have the alleged victim present at the hearing. The solicitor will also be sure to read a defendant’s criminal record, if any, to the court.
Having a criminal defense attorney in a bond hearing is advised.
We here at Hayes and Hayes, LLC are prepared to represent you in bond hearings and on the underlying charge(s), and will be glad to schedule a consultation upon request.
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The attorneys of Hayes & Hayes, LLC have experience representing clients in a variety of criminal cases. Our firm has experience defending the following types of charges.
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Criminal law is complex and often changes from one legislative year to the next. Our firm strongly encourages all criminally accused citizens to consult with a criminal defense attorney prior to going to court.
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