Representation for Bond Hearings
Considering all of the evidence and the timing of the bond is necessary when going up for bond hearing. Having a skilled defense lawyer on your side who knows how to help you through this process is important.
If your loved one is being held in jail and needs help securing their release, call our office to schedule your free and confidential consultation. Our primary objective at any Bond Hearing is to secure the release of our client.
Here are a few commonly asked questions about how bond hearings work in South Carolina.
What is a bond hearing?
A bond hearing is where a judge determines if someone under arrest can be released from jail between the date of the hearing and the time the criminal case is decided. A bond hearing is sometimes called a bail hearing.
The state presents the judge with the defendant’s charges. The judge looks at several factors when making the decision of whether or not to allow a defendant out on bond. The primary considerations are:
- The likelihood the defendant will run away before the trial begins. The basic question is, “Is this person a flight risk?”
- The judge gathers information about whether the defendant is a danger to the community. The second question is, “Is this person going to harm someone, such as the accuser or arresting officer?”
With some exceptions, an adult is entitled to a bond hearing within 48 hours of being arrested. Only the issue of setting a bond is discussed at this hearing. Since the judge only has to decide one issue, a bond hearing does not last very long. Once your bond is set and posted, you should walk out of the jail in four hours or less. You may be released on your own recognizance (PR or Personal Recognizance), which means that you will be released without paying a bond, or having a surety post a bond.
Can bond be denied? If so, what can I do?
For some crimes, the magistrate judge can deny bond. Your attorney can file a motion to reconsider bond with the clerk of the court, and the General Sessions judge can modify the bond amount or conditions of release.
Have more legal questions?
Do you have a question related to criminal charges or how bond hearings work in SC? Arnold Beacham has more than 25 years of experience in criminal defense. Beacham Law Firm is prepared to answer your legal questions.